TABLE OF CONTENTS

Annex 1.

Annex 2 ,

Annex 3.

Annex 4.

Annex 5.

Annex 6.

Annex 7.

Annex 8.

Annex 9.

CORRESPONDENCE BETWEEN THE PARTIES AND THE ICJ

Letter from J h o s Martonyi, Agent for the Government of the Republic of Hungary before the International Court of Justice to Mr Eduardo Valencia-Ospina, Registrar of the International Court of Justice, 2 May 1994

Letter from Eduardo Valencia-Ospina, Registrar of the International Court of Justice to Peter Tomka, Agent o f the Slovak Republic before the International Court of Justice, 10 May 1994

Letter from Jean-Jacques Amaldez, Deputy Registrar of the International Court of Justice to Peter Tomka, Agent of the Slovak Republic before the International Court of Justice, 16 May 1994

Letter from Eduardo Valencia-Ospina, Registrar of the InternationaI Court of Justice to Jhnos Martonyi, Agent of the Republic of Hungary before the International Court of Justice, 8 June 1994

Letter from Gyorgy Szénasi, Co-Agent o f the Republic of Hungary before the International Court of Justice to Eduardo Valencia-Ospina, Registrar of the Iiiternational Court of Justice, 23 June 1994

Letter from Gyorgy Szénisi, Co-Agent of the Republic of Hungary before the International Court of Justice to Peter Tomka, Agent of the Slovak Republic before the International Court of Justice, 23 June 1994

Letter from Eduardo Valencia-Ospina, Registrar of the International Court of Justice to Dénes Tomaj, Co-Agent of the Republic of Hungary before the International Court of Justice, 28 June 1994 Letter from Eduardo Valencia-Ospina, Registrar of the International Court of Justice to Dénes Tomaj, Co-Agent of the Republic of Hungary before the International Court of Justice, 5 July 1994

Letter from Eduardo Valencia-Ospina, Registrar of the International Court of Justice to Gyorgy Szénisi, Co-Agent of the Republic of Hungary before the International Court of Justice, 13 July 1994

Page

1

CORRESPONDENCE BE'I'WEEN THE PARTIES AND THE ICJ

Annex 10.

Annex 1 1.

Annex 12.

Annex 1 3.

Annex 14.

Annex 1 5 .

Annex 16.

Annex 17.

Annex 18.

Annex 1 9.

Letter from Eduardo Valencia-Ospina, Registrar of the International Court of Justice to Dénes Tomaj, Co-Agent of the Republic of Hungary before the International Courî of Justice, 18 July 1994

Letter from Peter Tomka, Agent of the Slovak Republic before the International Court of Justice to Gyorgy SzknhsÎ, Co-Agent of the Republic of Hungary before tlie International Court of Justice, 3 August 1994

Letter from Gyorgy Szénisi, Co-Agent of the Republic of Hungary before the International Court of Justice to Peter Tomka, Agent of the SIovak Republic before the International Court of Justice, 9 August 1994

Letter from Gyorgy Szénasi, Co-Agent of the Republic of Hungary before the International Court of Justice to Eduardo Valencia-Ospina, Registrar of the International Court of Justice, 9 August 1994

Letter from Istv6n Szent-Ivanyi, State Seeretary for Foreign Affairs of the Republic of Hungary to Eduardo Valencia-Ospina, Registrar of the International Court of Justice, 9 August 1994

Letter from Jean-Jacques Arnaldez, Deputy-Registrar of the International Court of Justice to Janos Martonyi, Agent of the Republic of Hungay, 9 August 1994

Letter h m Gyorgy Szenisi, Co-Agent of the Repubjic of Hungary before the International Court of Justice to Peter Tomka, Agent of the Slovak Republic before the International Court of Justice, 1 1 August 1994

Letter from Gy6rgy Szénhsi, Co-Agent of the Republic of Hungary before the International Court of Justice to Eduardo Valencia-Ospina, Registrar of the International Court of Justice, 1 1 August 1994

Letter from Jean-Jacques Arnaldez, Deputy-Registrar of the lnternational Court of Justice ta GySirgy SzénAsi, Agent of the Republic of Hungary before the International Court of Justice, 16 August 1994

Letter from HWA Thirlway, Acting Registrar of the International Court of Justice to Gyorgy Sknbi , Agent of the Republic of Hun- gary before the International Court of Justice, 25 August 1994

Page 3 3

CORRESPONDENCE BETWEEN THE PARTIES AND THE ICJ

Annex 20.

Annex 2 1 .

Annex 22.

Annex 23.

Annex 24.

Annex 25.

Annex 26.

Annex 27.

Annex 28.

Annex 29.

Letter from HWA Thirlway, Acting Registrar of the International Court of Justice to Gyorgy Szénisi, Agent of the Republic of Hungary before the lnternational Court of Justice, 25 August 1994

Letter from Gyorgy Szénasi, Agent of the Republic of Hungary before the International Court of Justice to Peter Tomka, Agent af the Slovak Republic before the International Court of Justice, 6 September 1994

Letter from G y ~ r g y Szénhsi, Agent of the Republic of Hungary before the International Court of Justice to Eduardo Valencia- Ospina, Registrar of the International Court of Justice, 6 September 1 994

Letter from Gyorgy Szenisi, Agent of the Republic of Hungary before the International Court of Justice to Eduardo Valencia- Ospina, Registrar of the lnternational Court of Justice, 6 September 1994

Letter from Gyorgy Szénisi, Agent of the Republic of Hungary before the International Court of Justice to Eduardo Valencia- Ospina, Registrar to the International Court of Justice, 6 September 1994

Letter from Eduardo Valencia-Ospina, Registrar of the International Court of Justice to Gyiirgy Szénasi, Agent of the Republic of Hungary before the International Court of Justice, 8 September 1994

Letter from Gyorgy Szénasi, Agent of the Republic of Hungary before the International Court to Peter Tomka, Agent of the Slovak Republic before the International Court of Justice, 23 September 1994

Letter from Gytirgy Szénasi, Agent of the Republ ic of Hungary before the International Court of Justice to Eduardo Valencia- Ospina, Registrar of the IiiternationaI Court of Justice, 23 September 1944

Letter from Eduardo Valencia-Ospina, Registrar of the International Court of Justice to Gyorgy Szénisi, Agent of the Republic of Hungary before the International Court of Justice, 27 September 1994

Letter fmm Eduardo Valencia-Ospina, Registrar of the lnternational Court of Justice to Gyorgy Szénasi, Agent of the Republic of Hungary before the International Court of Justice, 27 September 1994

Page 5 7

CORRESPONDENCE BETWEEN TJ-iE PARTIES AND THE ICJ Page

Annex 30. Letter from Gyorgy Szénasi, Agent of the Republic of Hungary 84 before the International Court of Justice to Eduardo Valencia- Ospina, Registrar of the International Court of Justice, 29 September 1994

Annex31. Letter from Eduardo Valencia-Ospina, Registrar of the 85 International Court of Justice to Gyorgy Széniisi, Agent of the Republic of Hungary before the International Court of Justice, 3 October 1994 ,

Annex32. Letter from Jean-Jacques Amaldez, Depus-Registrar of the 86 International Courî of Justice to Gytirgy Szénisi, Agent of the Republic of Hungary before the International Court of Justice, 13 October 1994

Annex 33. Letter fram Gyorgy Szénasi, Agent of the 'Republic of Hungary 87 before the International Court of Justice to Eduardo Valencia- Ospina, Registrar of the International Court of Justice, 17 October 1994

Annex 34. Letter from Peter Tomka, Agent of the Slovak Republic before 88 the Jnternational Court of Justice to Gyorgy Szénhsi, Agent of the Republic of Hungary before the International Court of Justice, 3 1 October 1994

DIPLOMATIC CORRESPONDENCE, MINUTES OF INTERGOYERNMENTAL MEETINGS, PUBLIC STATEMENTS AND

INTERNAL DOCUMENTS Page

Annex 3 5. Protocol on the Negotiation of the Govemment Plenipotentiaries 90 of the Hungarian Republic and the Czechoslovak Republic Held in Budapest on 15-17 June 1977 on the Subject of the Preparation for the Implementation of the Gabçikovo-Nagymaros Hydroelectric Power Plant-Excerpts and, Attached Report, 17 June 1977

Annex 36. Presiden~y of the Hungarian Academy of Science, Position Paper 92 Çonceming the Scientifically Debated Questions of the Gabeikovo-Naparos Barrage Systern, 20 December 1983 [This document replaces HM Annexes, Vol 5, Annex 21

Annex 37. Letter frorn Jozsef Marjai, Hungarirtn Deputy Prime Minister, to 97 Jinos Szentligothai, Chairman of the Hungarian Academy of Sciences, 19 March 1984

Annex 3 8.

Annex 39.

Annex 40.

Annex 41.

Annex 42.

Annex 43.

Annex 44.

Annex 45.

Annex 46.

Annex 47.

Annex 48.

DIPLOMATIC CORRESPONDENCE, MINUTES OF INTERGOVERNMENTAL MEETINGS, PUBLIC STATEMENTS AND

INTERNAL DOCUMENTS

Protocol Un the P!egotiationç of the Government Plenipotentiaries of the Hungarian People's Republic and the Czechoslovak Socialist Republic Concerning the Co-operation on the Construction of the GNBS Held in Bratislava on 13- 14 June 1985,14 June 1985

Hungarian Academy of Sciences, Opinion, 28 June 1985 [This document replaces HM Annexes, Vol 5, Annex 31

Memorandum On the Negotiations of Cornrades Strougal and Jozsef Marjai Held On 1 9 August 1985, 1 9 August 1985

Governmental Resolution (323811 985) On The Current Tasks of the Construction of the GabEikovo-Nagymaros Barrage System, 23 August 1985

Governmental Decree 111 987 ( III . 1 5), 1 5 March 1 987

Standpoint of EcoIogical Section, Czechoslovak Biological: Society at Cs. Academy of Science, to the Watet Dams System GabEikovo-Nagymaros, 14 November 1988

Report for the Council Of Ministers, 4 May 1989

Nor, Verbale From the Ministry of Foreign Affairs of the Hungarian People's Republic to the Embassy of the Çzechoslovak Socialist Republic, 1 September 1989 [This document replaces HM Annexes, Vol 4, Annex 241

Government Resolution (330511 989) of the Çouncil of Ministers On the Measures to be Taken On the Basis of Exploratory Research On the Domestic and International, Legal, Economic, Eçological and Technicnl Consequences Which Was Perfonned During the Suspension of Works at Nagymaros, 27 October 1989 [This document replaces HM Annexes, Vol 4, Annex 1501

Note Verbale from the Ministry of Foreign Affairs of the Czechoslovak Socialist Repvblic to the Embassy of the Republic of Hungary, 30 October 1989 [This document replaces HM Annexes, Vol 4, Annex 281

Surface Water and Grovnd Water Model of Danubian Lowland Between Bratislava and Komirno: Ecolagical Model of Water Resources and Management, 25 October 1990

Page 103

Annex 49.

Annex 50.

Annex 5 1.

Annex 52.

Annex 53.

Annex 54. . ,

Annex 55.

Annex 56.

Annex 57.

Annex 58.

DIPLOMATIC CORRESPONDENCE, MINUTES OF INTERGOVERNMENTAL MEETINGS, PUBLIC STATEMENTS AND

INTERNAL DOCUMENTS

Draft Agreement on Joint Czecho-Slovak and Hungarian Co- operation on PHARE - Environment Protection: "Surface Water and Ground Water Model of ~ a n u b i d Lowland Between Bratislava .and K o m h o : Ecological Model of Water Resources and Management", 26 October 1990

Memoranda on the Meetings of the Committees Evaluating the Variational Solution of the Czechoslovak Part of the GabEikovo- Nagymaroç Barrage System, HYDROCONSWLT, Bratislava, September-November 1990

Parliamentary Resolution 2611 99 1 (IV.23), 16 April 199 1 [This document replaces HM Annexes, Vol 4, Annex 1541

Parliamentary 'Resolution 1211 992 (iV.41, 24 March 1992 [This document replaces HM Annexes, Vol 4, Annex 1561

Government Resolution 3 19011 992, 7 May 1992 [This document replaces HM Annexes, Vol 4, Annex 1571

Hand-written Note o f F M5dl, Minister without Portfolio, Regarding the Proposed Vienna Meeting, 16 May 1992

Note Verbale From the Ministry of Foreign Affairs of the Republic of Hungaq to the Embassy of the Czech and Slovak Federal Republic, 10 June 1992 [This document replaces HM Ahexes, Vol 4, Annex 861 I

~ettèr From Jan Strhsky, Czechoslovak Prim{ Minister, to Jbzsef Antall, Hungarian Prime Minister, 23 September 1992 [This document replaces HM Annexes, Vol 4, Annex 961

Communiqué of the Slovak Ministy of ~n)ironrnent to the 4 Decernber 1992 Session of the Slovak Government, 4 December 1992

Letter from Pablo Benavides, EC Director for External Economic Relations, to Jhnos Martonyi, Hungarian State Secretary for Foreign Affairs, 19 Juty 1993 [This document replaces HM Annexes, Vol 4, Annex 1221

Page 164

Annex 59.

Annex 60.

Annex 6 1.

Annex 62.

Annex 63.

Annex 64.

Annex 65.

Annex 66.

Annex 67.

Annex 68.

Annex 69.

Annex 70.

DIPLCIMATIC CORRESPONDENCE, MRrIuTES OP INTERGOVERNMENTAL MEETINGS, PUBLIC STATEMENTS AND

INTERNAL DOCUMENTS

Resolution of the National Assembly On the Necessaty Measures Due to the Unilateral Diversion of the Danube, 29 March 1994

Note Verbale from the Miniçtry of Foreign Affairs of the Slovak Republic to the Embassy of the Republic of Hungary, 8 ApriI 1994

Letter ftom Janos Martonyi, Hungarian State Secretary of State, ta Pablo Benavides, Directorate-General of External PoliticaI Relations of the CEC, 14 April 1994

Note Verbale from the Ministry of Foreign Affairs of the Republic of Hungay to the Embassy of the Slovak Republic, 14 April 1994

Nole Verbale from the Ministry of Foreign Affkirs of the Slovak Republic ta the Embassy of the Republic of Hungary, 27 April 1994

Letter from, J Hauser, Slovak Representative to the Danube Commission, to M H Strasser, Rirector General of the Secretariat, 28 April 1994

Note Verbale from the Ministry of Foreign Affairs of the Repub- lic of H u n g q to the Embassy of the Slovak Republic, 4 May 1994

Note Verbale from the Ministq of Foreign Affairs of the Slovak Republic to the Embassy of the Republic of Hungary, 8 May 1994

I\lole Verbale from the Ministry of Foreign Affairs of the Republic of Hungay to the Embassy of the Slovak Republic, 16 May 1994 Nore Verbale from the Ministry of Foreign Affairs of the Slovak Republic to the Embassy of the Republlc of Hungary, 25 May 1994

Note Verbale from the Ministry of Foreign Affairs of the Republic of Hungary to the Embassy of the Slovak Republic, 27 May 1994

Note Verbale from the Ministry of Foreign Affairs of the Slovak Republic to the Embassy of the Republic of Hungary, 8 June 1994

Page

209

Annex 71. Convention on Co-operation for the Protection and Sustainable Use of the Danube River (Danube River Protection Convention), July 1994

Annex72. Resolution (and Report) of the Government of the Slovak Republic Concerning Disputed Issues of the GabEikovo- Nagymaros Barrage Systern and the Govetnment Proposal in Connection With the Future Course of Action, 7 July 1994

Annex 73. Memorial on the Expert Talks Held in Bratislava on 5 August 1994,24 August 1994

Annex 74. Letter from C Martin, Director General of the WWF, to D Kocinger, Slovak Government Commissioner for GNBS, 3 October 1994

Annex 75. WWF Press Release Reaffiming the Organisation's Concern About the GabEikovo Dam, 4 October 1994

MISCELLANEOU S

Annex 76. The Economisz,(European Edition), 8 December 1984

Annex 77. Reuters Library Report, 3 1 March 1988 l

Annex 78. Czechoslovak SR133, 1 September 1988

Annex 79. BBC, Summary of World Broadcasts, EEIW0095 All, 21 September 1989

Annex 80. BBC, Summary of World Broadcasts, EEIW0093 Al , 7 Septembes 1989

Annex 8 1 . BBC, Sumrnav of World Broadcasts, EENV099 All, 19 October 1989

Annex 82. BBC, Summary of World Broadcasts, :EEIW0100 All, 26 O~tober 1989

Annex 83. BBC, Surnmary of World Broadcasts, : EEIWO 105 All, 30 Novernber 1989

Annex 84. BBC, Surnmary of World Broadcasts, EEIW0109 All, 4 Januav 1990

Annex 85. BBC, Summary of World Broadcasts, EE10809 Cl Il, 6 July 1990

Page 232

Page

301

392

303 304

Annex 86. Power Europe, 27 September 1990 , I

MISCELLAUEOUS ; Page

Annex 87. BBC, Summary of World Broadcasts, EE10989 B15, 6 Februaq 3 12 1991

Annex 88. BBC, Summary of World Broadcasts, EE10999 A215, 18 February 3 13 1991

Annex 89. BBC, Summary of World Broadcasts, EE11037 A212, 4 April 3 15 199 1

Annex 90. BBC, Summary of World Broadcasts, EE11042 A213, 10 April 3 1 6 199 1

Annex 9 1. BBC, Summary of World Broadcasts, EE11146 B15, 1 August 3 17 1991

Annex 92. GabCikovo: the Case Against, East European Obsewer, 3 1 8 Septernber-October 1992

Annex 93. East-West Centre, "Slovakia. The Gabzikovo Water Works", 325 January 1993

Annex 94. International Atomic Energy Agency, Document PR 9411 7, 1 0 349 May 1994

Annex 95. BBC, Summary of World Broadcasts, EE10476 A2/1,7 July 1989 3 5 1 Annex96. BBC, Summary of World Broadcasts, EE11527 i, 352

2 November 1992

Budapest, May 2, 1994

Dear Mi.. Registrar,

As Agent for the Gouernmnt of the Republic of Hungary in the case concerning the Gabcikovo-Nagyrnaros Project and in accordance with the Order of July 14, 1993, of the International Court of Justice, I have the honour fo submit hereby to the Court the Mernorial of Hungary in o ~ i c hundred ortd truerzty five copies as requested by the Court.

Accept, Sir, the assrlraitces of n7y higltest considei.atiotz.

A.geilt-for the Gouernnier~t of f lie Republic of Hungarly

Mr. Eduardo Valencia- Ospi fia The Regis f rar

International Court of Justice

The Haaue

C O L . . tbiiERx-4T1O-i- DE JUSTICE ISTERXATIO';.LL COLmT OF JUSTICE

P,US DE u FUX $5: U P . 4 5 - M P I K E P.G;rU3F 5i7 iCT TSE t(AÇsZ:E N ~ T ~ L E R U % D ~

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W a s s y of tke Çlovck Reyzblic - Eagçe

cc: Dr. ?eter Tomka &,,erL, Missioz .of t k o S l c - . ~ i k Ropcblir to the United N z ~ i c n s

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COUR INTERNATIONALE DE JUSTICE INTERNATIONAL COURT OF JUSTICE

p A W S DE LA PAIX 2Sr W CA HAYE PAYS-BAS PEACIS P A L C E 2511 KJ TIIE HAGLE NETHEH1,AZDS

T~LEPHONE: (070) am1323 TELEX: -323 TELEPHONE: (0701 3(1~1?x!:i TEI.ISX 3932.7

TÉL~CR.: INTERCOURT LAHAYE CABLEÇ: INTEItCOURT THEHAGUE

TÉLEFAX: !on) 3 e6no PB TELEFAX: 10101 3648828

; 8 June 1994 Nouveau numkro de teléphone : 302 2 323 New telephonr No. . 302 2 323

S i r ,

/ . I have the honour to transmit to Your Excellency herewith a copy of a

communicatxm from t h e Agent o f Slovakia i n t he case concesning t h e EabcSkovo-Naavmaros Pro iec t ( ~ u n w v / S l o v a k i a ) , received by facsimile on

/ 6 June 1994; 1 aLso enclose a copy of the repPy I have today sent t o the Agent of Slovakia. I

As you will observe, the Agent of Slovakia considers that his task Ilas been made more difficult by the absence of certain documents, or o f translations of certain documents, referred to in the Mernorial of Hungary. In order to ençure an orderly procedure, and to avoid unnecesçary delay, 1 would urge Your Excellency to take a l 1 s t e p s i n your

power to furnish the Agent of the orher Party with any additional documentation he may consider necessary.

Accept, Sir, the,assurances of my highest cansiderat~on

His Excellency D r . Jènos Martonyi Agent of the Republlc of Hungary

before the International Court of Justice , Embassy of the Republic of Hungary I

1 The Hague I

Nerv York, rune 3, 1994

Sir.

On rhe baçis of a preliminwy review of the docurnerits subminzd by Hungary as parr of the f h g of die Hungaritrian blemorid of 2 May, Slovakia fmds il n*eJsary to bdng to the Cou?'s attention rhe facr that Huaçary's f h g is incomp!e!c in ssiveral matend respects.

F&t, in a Iage'nmbcr of insiances, unpublished documents referred ro md relied on in Rungary 'J Memonai have nui yer been producd ar dl. Second, the relevant portions of such documents. reiied on scpport contentions set out in the text of Hungary's Memonzl, have not been trarislatcd and ancexed as required by the Rdzs o i Court.-Third, in rnmy cases, quotatims appearing in rhe tex1 oiHungay's Menorial do not correspond to the mncxtd document from ivhich the extracts are !&en, ieaving i r u n c ~ r a i n a rc} which version Hungary relies on and to which versior. ibe c~ii ïcat ion of Hrzngary's Agent refers.

A few examples of .these tnree defects in Hungary's fildg ~ $ 1 1 sufface to illustra the sericusness of the problem.

W. Eduardo ~alencia-~spha Registrar Intemariorid Court of Justice Peaci: Pdxe 2517KJTheHague . The Nerherlands

A large nuniber of instances of the first defect, fuund tbughout Hungary's ~emoriat, appear ir! Chapter 3. For example, paragraph 3.51 refers to a pmgress report degedly submitted in May 1984 by the Hung~an Plenipoteriarp. ' lhe document is dqcribei as having recailed rnany of shc cavironnerird concms raised in rzpohs af he Hungarian Academy OC Sciences a.id in pu'ohc debates. And yet, na swh d c m e a t , whicb clearly appears not to have beeri pubiished, has been mnexed or furnished by H u n g ~ . Similarly. starements in pragraphs 3.55 and 3.56 rely an documenu hat are descnbed in the foatnotes, folli-wzd by the noiatiari "(in fliingiuian)", me d~cirmenw have nor been produced by Hungary wirh its Mernorid. These ate only a f iw of repeaied example of this defcc t.

Thz second defecc dso appears frrqce~tly in Hungai ' s Mernorial. For cxample, tiw important meeting between the Pnrnz hli~~isters, for which no s r c t d record a i s t s , xe referred to in parqraphs 3.78 (meeting of 24 May 1989) er,d 3.85 (mwting of 20 Juiy 1989). The documents, Identified in the loornotes to each priragraph, are described sirnpty as reports of rhz Hungarian Aime I\rlini:ter tc ae Hungarian G o v m e n r , only one of ivbch is gven a date. In borh instmces rvhx was a!ieo,dly said by eçtch Prime Muiister is paraphraed. As these reorts are us26 ir. suport of H m g q ' s contentions, the relevant sections a: l e s t are rquirci l by :ne' Rules cf Court (Xrtide 50) ro be annexed in kuislatioii, together with a ce;tified copy of the eatire docuiîent furnished separately, To furher cornpliçare Slovakia 's iask of rrbund, perwaph 3.86 dleges that in "accordance witb h e tenor of the negoti~b~ns" rle Hungaian Governrnent or! the same day as the meeting (20 July 1989) ddopttd a resoIution. This document is not annexed Uther.

To take another examph, pzagraph 3.96 refus Co a meeting or, I I Octuber 1959 and p u a p h e s ivbat Hungaian Prime Mhis:cr EYkmeth ailegedly said at the meehg. Np rransiation of the relevant portion rdld an h a been manrexed, and a copy of rhe enrire dccupient identified in the foolnore to the paagraph ha not k e n furnished.

Similady, there are nany instances when Hungarj even quoies dhci ly fmm a document tnat has neither annexed (in rdcvanr g~rtian), nor deposited wiîh the Regisny (in iis cndrery). This serious defect n a y bbe foiind, for e m p l e , al paragaph 3.06,3.M, 3.12,3.14, 3,20and 3.21.

There arc $20 mmy examples o f h e rhird problern appearirig ia H u m ' s Mernoid - where quoratioris in a e tex1 of the lvIemoriaI do ncr maleh the text of ,the corresponding m e s . h paragaph 3.121, ;ln exuact of a Hungarian Parliarneatacy Resolution of 16 A p d 1994 (whkh look efkcc on 23 April) is quoted from, the full tex1 of wfiich appears in h e x 154. Accotding to paragraph 3.121, the ResoIntion cded upon the Hungarian Oovemenr, inter dia, "50 coriduct nsgociatioas ... on ttie twmuiation by mçruaI consent of rbe (1974 Treaty)' (ernphasis added}. The document in Anna 154 trandates tbis , passage ar "to canduct negotietions ... regard'ig the detmninatioo. by joht agreement (of the Treatyl". I

I

7,

- 3 -

To take a second example, in paragaph 3.10 the Jcint Governnenral Cummittec is cited as agreeing that rhere "rnust be. rh2 maYimm proficable utiliçauon of rhe hydroeIectric energy of th2 cummon Dmube section". 'lht document in Annex 14, hoiowever, relates rhat "utilisation be the rn~6rnurn rconomicdy possible" This is q&e differznr. ,

These three defecrs are rendered $1 t l7t moïs serious, aide frcrn Che frequency of heir recwence, by ihe facc rhar in mmy casa b e y relate to conieritions of considerable importance.

In citing exanples of these deftcts Slovakia hopes :O have shpwn rbe ne& for your own a ~ a F f in the Registry [o.check the whole of H u ~ g x y ' s Memurid tù ensure that i t complies wirh the Rules throughout.

L.i the circumstwces, the conclusivn is v:rrrvitcd that Hungaty h a not cornpleted che fifing of its Memorizl in cenformity with the Order cf Cou1 se thg forth a deadIinç of 2 May. As a rtsult, Slcvakia Is necessdy drlaycd ir! rhe piepuahm of irs Counter- Mernorial. Mth each Pany required~by &de:. of the C o u to submit its Caunrer- Mernorial by 5 Decmbet 1994 - a sevzn-month t h e Iimt OtiginalIy agreed by the PEnie~ and set out in the Special Agreemeni - iriequalIty in the treatment of the Pmies iviii result from this faiIure by Kungary ro obsewe the Rula cf Court and the Cern's Ordcr. The sevenh-month pcriod wrü agreed gnd ordered by the Court on the assumption that each Party would o b s e r ~ t die Rules of Court,

Slovzkia hopes to be ablt: to meet the 5 Decembzr deadhe. However, if the inissing evidence is not produces shertly, Hungzy ha promis&, or if Hagary fails to comply with the Court's Rdes in submitting this additional evidence, Slovakia may fmd itself Ui a position where ir may have to rquest t te Court for addiriand iime in which to prepare its Couta-Mernorial. Accarding!y, Slovakia reserves its posi~ion in this respect,

Accept, Sir, the assuances of rny highest consideration.

722s F.4 Peres TOMKA t

Agent of the Slovak Republic

COUR INTERNATIONALE BE JUSTICE INTERNATIONAL COURT OF JUSTICE

P A W f l DE tA PAIX 2517 IU LA HAYE PAïS+BAS WACE PALACE 2517 W THE HAGUE NETHEALANDS

T~L~PHONG, (070) 9022323 T ~ L E X : 32323 TELEPHOSE: lUW) 3~22323 TELEX: 32323

TÉLGCR.: II*PTERCOURT WHAYE CABLESi INTERCOURT THSHACUE

T ~ L ~ F A X : iO?OI 3 86 88 28 TEEFAXI (0701 3640928

91340 8 June 1994

S i r ,

I have t h e honour to acknowledge receipt of your letter dated 3 June 1994, and received by fax on 6 June 1994, commenting on the form of

, t h e Mernorial of Hungary i n t h e . c a ç e c o n c ~ r n i n g t h e Gabcfkovo-Nagymaros Project. 1 am transmitting a copy thereof f o r t h w i t h tci the Agent of Hungary;. b u t in v i e w of your reference (page 3 ) ta the d u t i e s of the Regis t ry under t h e B u l e s of Court, I have to make t h e following observations,

Art ic le 50, paragraph 1, of the Rules o f Court provides tbat

I<There shall be annexed to the oriqsnal of every pleading c e r t i f i e d copies of any relevant documents adduced in suaport of the c o n t e n t i o n s contained i n the pleading."

It iç clear that t h e manner of cornpliance w i t h this provision rnust, i n the first instance, be a matter f o r the party submitting t h 2 pleading; only that party can have jcdged at t h a t stage whether a document i s or is not relevant, and whether the con ten t ions of t h e party are such t h a t the document should be "adduced in suppor t of them". The s e l e c t i o n of

documents may,have also depended on which points are known or believed t o be i n i s s u e between the parties, and which, be ing ,agreed , do not need tc be proved. The R e g k s t r y is of course in no p o s i t i o n t o judge auch quest ions .

I - /.

Dr. Peter Tomka Agent o f the Slovak Republic before

the Internat ional Court of Just ice Embasey of the Slovak Republic The Hague

c c : Dr. Peter Tornka Permanent Mission of t h e Slovak Republic to the United Nat ions

New York I

Moreover, the sanction for non-cornpliance wFth t h e requirement of Article 5 0 , paragraph 1, 1s ultimately subs tant ive rather than procedural; if an assertion made in a pleading is uneuppurted by evidence, and challenged by the other P a r t y , the court will be e n t i t l e d to regard that assertion aa unproved, and to draw t h e appropriate consequences f o r ite deciaion.

~ccordingly, it in n e i t h e r posgibl~ nor appropriate for the R e g i s t r y to examine pleadings i n order to a s c e r t a i n whether al1 assertions of fact are backed by appropriate docurnentary evidence annexed to t h e pleadinge. ~t follows alço that t h e abeence of auch documentary evidence does not invalidate the fillng o f a pleading w i t h i n the time-limit Eixed. A for t io r i is t h i s BO vhere the problem i s merely one of rnissing translations, or of variant translations of t h e same document:

bt t h e same time, it is appreciated that a party could find i t

difficult to ~resent its case if t h e o t h e r party advances claims or assertions based un documents w h i c h appear to e x i s t bu t have n o t been presented. I n t r a n s m i t t i n g y a u r letter t o the Agent of Eunçary, 1 am urging him to d o al1 i n h i s power to furciîh you promptly with any a d d f t i o n a l documentation you f i n d necessary. In order ta, f a c i l i t a t e this process, I would venture to suggest that you supply the Registry, for tranemission to the Agent of Hungary w i t h t h e ,fullest possible liçt of the material which appears to you to be want ing , of whkeh only examples are given i n your letter.

I am also çending t h e Agent of Eucgary a copy cf the present better.

Accept, S i r , the assurances of my highest considerat ion.

l

Budapest, 23 June 1994

Sir,

Re: Case concerning the Gabci30uo-Nagymaros Iiroiect (Hrsngan, ISlouakial

I have the honour to acknowledge receipt of y'our letter of 8 June 1994, forwarding a copy of a communication from the Agent of Slouakia dated 3 June 1994 togethr with a copy of your reply.

- I have today sent to the Agent of Slouakia a letter, a copy of which is attached. 1 will send to you, with the hard copy of this letfer, a copy of each of the documents referred to in the Annex, in the original language. In order tu avoid &Lay, and because at this stage the contents of the documents are not in dispute, we have not had the documents translated. Howeuer, we would be uery willing to do so if the Court should sa request. The Republic of Hungary is happy to assure you of its full cooperation in prouiding fo the Agent of Slouakia, and40 the Court, any document referred to in the Hungarian Mernorial which is considered necessiby.

I note that a simple and eficient way t o obtain dAcuments referred t o but not a n m d in a pkading Es tu ask the party concernkd for a capy. Hungary has in fact already asked Slouakia for a number of documents, and looks fornard to receiuing them.

Mr. Eduardo Valencia- Ospiiia

The Registrar

International Court of Justice

Palais de la Paix: I

I

251 7 KJ The Hague 1 The Netherlands

1394 Budapest 62, PL 423 Tel: 117.63.02 Far: 117.77.38 ,

1

As your Letter of B June points out, it is not required to annex to a pleading each and euery doriurnent referred to in the pleading, but only those documents which are relevant in support of the contentions contained in t h pleading. Hungary's selectwn of docunents to be a n m d , from t h vast array of h u m n t s p d u c e d dunng the PO-year hlstory of the Projeçt, fulhwed the principles summrized in your letter. So -- uie may assume -- did Slovakia's, since m n y hundreds of documents referred to in the Slovak Mernorial are similarly not a n m d

In these circumstances it is quite inadmissible for Slovakia to cornplain of a pradice which it kas itself engaged in. It is equalEy inadmissible to suggest that such a reasonable and shared practice uiould give grounds for an extension of time.

Amept, sir, the assurances of my highst consideration.

CO-Agent of the Repu blic of Hungary

Budapest, June 23,1994

. Dear Dr T o h ,

Re: z o j e ~ r ~ i e c t E b n ~ a w / Slovukia~

1 mfer to your ktter to t h Rqiatrar of the International Court of Justim of 3 June 1994, forwardeal to ras by 'the Registrar together with a copy of his reply of 8 June 1994.

For the reasons stated in the RegistrarS letter, your cornplaint is without justification. 1 attach as an Annex a response to the particular points mnde in your letter, and -- tu the hard copy of this letter -- alao a copy in the original langurage of the relevant dùcuments. Hungury made -- as no doubt did Slouakia -- a considered judgmnt as to which of the multitude of documents prduced d ~ n n g t h course of the last 40 years it was necessary to tramlate and produce in support of the contentions contained in the pleading*

In thEs context 1 would refer -- fur example -- to the section in. the Slouak Menaorial from pages 129-132, which refers to a series of meetings, communications and reports without a single rèference to any annex. I

. would also m n t w n the repated references on pages 48-59 to reports on scierttific aspects of the project, which reports are no# anmxed.

Dr Feter Tomka Agent o f f he Slomk Republic

E n b u s y of the S t o v ~ k Republic at The Hague The Netherhnds

cc: - Dr Peter Tomka, Permanent MissMn of the Slouak Republic to the United Nathna, New York; I - The Registrar, International Court of Justice, the H&

I

I

, 134P B u d a m 62, PT. 423 ;

Tel: 117.ô3.02 F w 117.77B ,

If any document referred to but nol annered in Ilungary 's pleadings zs of interest tu you, I would be happy to prouide you wïth a copy. 1 trust that this courtesy will be reciprocated.

Co-Agent of fhe ~ G u b l i e of Hungary

pam 3.51: The progress report is arttackd as Document 1. It was an internul document, one of many reports of this kind.

para 3.55: lh three dkuments are attached as Documents 2,3 and 4. T h &scribe a debate going on as a mtter of fact at the time.

para 3.56: The two documents are attached as D&uments 3 rand 5. The matter8 stated are, to Hungary's knowh&e, not in dispute.

para 3.78: AtEached is Némth's intemal report of the 24 May 1989 meeting between Németh and AdQmc as Document 6. The facts reported in the paragraph are confirmeci in the Czechoskouak document by V Lokuenc which is Anna 167 of volume 4 (the refereence to volume 5 in t h footnote is an error). The matters stated in paragraph 3.78 are, to Hungary S knowledge, nof in

. - dispute.

para 3.85: The two ~lternutives refemd to in paragraph 3.85 are contained in the document which is Annex 19 of volume 4. The oral report of the Prime Minister to the Government, referred to in fwtnofe 115, stated that that abcunent had b a n handed over. The relevant part of the official minutes of that meeting is attmhed as Document 7. 1

1 .

para 3.86: T h Hungurian Goumment msoZutwn tuas an internat document: it is contained in volume 4, annex 149. The content of the resolutbn w m inmediateky notifieid to Czechoslovakia. The ensuing &rage of uiews with Czechoslovakia is referred $0 in pumgraphs 3.87-3.88 of the Hungarian Memrfal, and the releuant documents are a n m d to it.

parva 3.96: T7i.e inderml Hungarlan report is attached as Document 8. The Eetter from N6meth to Adumec of4 October 1989 is quoted exdensively in paragmph 3.93, as well as king annexed.

para 3.06: Further msearch indicates that the Joint Technical Experts Conmittee held two earlier meetings the Protocols of uihich am aabt~kd as Dueumenta 9 a) and b). A third m t i n g wras held, mncluding on 17 M m h 1953. Un fo rtuna kly, the Protoc01 of t h thid meeting cannot now be &ated. However, an

t e r m whkh confirm the statemnts in paragraph. 3.06. Those statements are to Huragary'a knowledge, not in dispute.

para 3.07: The internal report of 29 March 1954 with its anneus Es attached. The first quotation Es contained in one of the anneas, entltkd "Questions? The second guotation is contuined in the Report itself It is referred to simply as part of the background to the dispute.

pare 3.12: T h internal report of 7 July 1956 is ~ttached. It ia referred to simply as part of the background to the dispute.

para 3.14: The report is attached. The mat fers stated in paragraph 3.14 are, to Hungary's knouikedge, not in dispute.

para 3.20: The internal Hungarian decision of 31 October 1960 is attached. Tt is referred to simply as part of the background to the dispute.

para 3.21: The Protoc01 of 23 March 1963 is attached. The matters stated in paragraph 3.21 are, to Wungary 's knowledge, nnot in dispute.

para 3.121: The word "determination" is a mere misprint for 'lermination': as is clear from the context. On the question of translations, the initial translations produced &y the translators had to be revised to correct grammatical mistakes and to ensure accuracy and clarity. In this case, the change was made only in the text of the Mernorial and not in the annex. As is stated in the letter of the Agent of Sdovrmkia deted 3 June 1994, the substance o f t h document is the same. The word "'determination" dees not appear in the lMernona1 Cas the aforementioned lettgr statesl but in the Annex.

para 3.10: The points 1,2, 6 and 11 set out in the text are accurate paraphrases of the actual document anttezd. They should not haue been put in inverted commas. In the context there is no differeene between "maximum profitabÈe utilisation" and utilisation urhich is the *maximum econornically possible?

16

List of Documents Producd

1, Submission on current tasks related to the realmtion ofthe Gabcikovo-Nagymaros Barrage System, M a y 1984.

2. Governent Resolution No. 323811985, 15 August 1985.

3. National Water Agency, Modified lnvestment Proposal for the Gabcikovo- Nagymaros Barrage System and the evaluation of its technical, ecological and economic cross-dects, July 1986.

4. Observàtions of the Hungaian Academy of Sciences concerning the "Submission on optimization of the peak load operation mode of the Gabcikovo-Nagymaros Barrage System from the point of view of hydrology, energy, ecology and navigation and on the recent investigations concerning the regulation of the Old-Danube river-bed,." f 986.

5. Hungarian Govenunent Resolution No. 3388/1986,4 December 1986.

6. Report of Prime Minister M. Németh to the Hungarian Govemment, 24 May 1989.

7. Report ofHungarian Prime Minister M. Németh to the Hunganan Govemment, 22 luly 1989 (minutes of meeting of 22 July 1989 produced in relevant part].

8. Thesis of the Hungarian proposal and report on the negcitiations, 1 1 October 1989.

9. a) Prorocol 1 of the Joint Technical Experts Committee, 25 September 1952 ,'

b) Protocor II of the Joint Technical Experts Committee, 2 1 ~ o v e m b e r 1952.

c) National Planning Offrce, Report on the Third Meeting of the Joint Technical Experts Cornmittee, 15 Apnl 1953, signed by MT. Gorgényi and M i . Mosonyi.

10. Hungarian Report conceming the Fourth Session of the CMEA, 29 March 1954.

11. Interna1 Report by Mr. Gy ~sztrovs&, Hungarian Deputy Prime hlinister of Chernicd and Energy Affairs, 7 July 1956.

12. Report on the Consultation of 16-20 June 1957, in Prague, 25 June 1957

13. Decision No SOI1960 IvGKJ3~1.37,' 3 1 October 1960 of the Hungarian Conmittee for International Economic ReIations.

14. Protocol of the Joint Technical Expert Committee, 23 March 1963.

Budapest, June 23,1994

Re: R t . . - JHungao ISïoÙakial

I nefer to your ktter to the Registrar of the Inkrnational Court of Justice of 3 June 1994, forwarded to us by'tke Regisfrar together uiith a copy of his reply of 8 June 1994.

For the reasons stated in the Registrar's lefter, your cornplaint is without justification. I attach as an Annex a response to the particular points made in your letter, and -- to the hard capy of this letter - - also a copy in the original Eanguage of the relevant documents. Hungary made -- as no doubt did Slouakia -- a considered judgmnt as to whiçh of the multitude of documents produced during the course of the last 40 years it mas necessary to translate and produce in support of the contentions contained in the pkading.

In th& context I would refer - - for exumple -- to the section in the Slouak Mernorial fiom pages 129-132, which refers fo a series of meetings, communications and reports without a single reference to any annex. I would also mention the repeated references on pages 48-59 fo reports on scientific aspects of the project, which reports are not annexed,

I

Dr Peter Tomka Agent of the Slovak Republic

Embassy of the Slouak Republic ut The Hague The Netherlands

CC: - Dr Peter Tomka, Permanent Mimion of the SlovaR Repu blic to the United Nations, New York; - The Registrar, International Court of Justice, the Hague

1394 Budapest 62, Pf. 423 Tek 117.63.02 Fa*: 117.77.38

If any document referred to but not anmxed in Hungary 's pleadings is of ,interest to you, I would be happy to provide you with a copy. I trust that this cuurtesy w Èll be reciprocated. I

Yours sincerely, / l

Co-Agent of fhe &public of Hungary

para 3.51:

para 3.55:

para 3.56:

para 3.78:

para 3.85:

para 3.86:

para 3.96:

para 3.06:

The progress report is attached as Document 1. i t mas an intemal document, one of many reports of this kind.

The three documents are attached as Documents 2,3 and 4. They describe a Abate going on as cs natter of fact at the tim.

The two documents are,attached tw Documents 3 and 5. The m t t e r s stated are, to Hungary 's knowledge, not in dispute.

Attached is Németh's internal report of the 24 May 1989 meeting between Nkmth and Adamec as Document 6. The facts reported in the parcsgruph are confirmed i n the Czechoslouak documnt by Vhkuenc which is Annex 167 of uolume 4 (the reference to volume 5 in the fwtnote 2s an error). The natters stated in paragraph 3.78 are, to Hungary 's knowledge, not in dispute.

The tuio alternatives referred to in paragraph 3.85 are contained in the document which is Anmx 19 of volume 4. The oral report of the Prime Minister to the Government, referred to in footnote 115, stated that that document had been handed over. The relevant part of the oficiai minutes of that meeting is attached as Document 7.

T h Hungarian Government resolution was an internal document: if is çontained in volunse 4, annex 149. The content of t h resolution, was immedzakly notified to Czechoslo~iakia. The ensuing exchange of vkws with Czechoslouakia is referred to in paragraphs 3.87-3.88 of the Hungarian Mernorial, and the rekoant documents are a n m d to it.

The lnternal ~ u n ~ a r i * a n report is attached as Document 8. The letter from Némth to Adumec of 4 October 1989 is qtsoted extensively in paragraph 3.93, as well as being annexed.

Fur tk r research indicates that t k Joint Technical Experts Cornmittee held two eurlier meetings the Protocots of which are attached as Documents 9 al and bl. A third meeting was held, concl uding on 17 March 1953. Un fort u na fely, the Protucol of the third meeting cannot noui be located. However, a n

ferms which confirm the staiknaents in pamgraph 3.06. Those statements are to H u n g q ' s knowledge, mt in dispute.

para 3.07: T h internal report of29 March 1954 with its a n m s is attacfied. The first quotution is contained ira one of the annexes, entitied uQuestionsn. The second quotafion is contained in the Report itself: It is referred to ;oimply as part of the background to the dispute.

para 3.12: The internal report of 7 July 1956 is attachd. It is referred to simply as part of the background to the dispute. ' . .

para 3.14: The report is attached. The matters stated in paragraph 3.14 are, to Hungary 's knowledge, not in dispute.

para 3.20: The internal Hungarian h i s i o n of31 October 1960 is attached. It Ès referred to simply as pqrt of the background to the dispute.

para 3.21; The Protocol of 23 March 1963 is attached. The matters stated in paragraph 3.21 are, to Hungary 's knowledge, not in dispute.

para 3.12 1: The word "determination" is a mere misprint hr "termination'; a3 is c h r from the context. On the question of translations, the initial translations produced by the translators had to be reuised to correct grammatical mistahs and to ensum accuracy and clarity. In this case, the change was made only in the text . of the Memorid and not in t h annex. 'As is stated in the letter of the Agent of Slouakia duted 3 J u m g994, the subatance of the document is t h same. The word "determination" does not appear in the Mernorial (as the aforementiomd letter states) but in the Annex.

parcl 3.10: The points 1,2; 6 and I l set out in t h text are accurate paraphrasas of the a c t u ~ l document annesed. T h y skould not have been put in inuerted commas. In the c a n t d there is no difference between "maximum profitabie utilisation" and utilisatwn which is the umaximun economically possible".

List of Documenti Produced

1. Submission on wurient tasks related to the r&tion ofthe Gabcikovo-Nagymarss Barrage System, May 3984.

2. Government ResoIution No. 323811985, 15 August 1385.

3. National Water Agency, Modhied Invatment Proposal for the Gabcikovo- Nagymaros Barrage System and the evduation of its technical, ecologicd and economic cross-effects, July 1986.

4. Observations of the Hungarian Academy of Sciences concerning the "Submission on optimization of the peak load operation mode of the Gabcikovo-Nagymaros Barrage System from the point of view of hydrology, energy, ecology and navigation and on the recent investigations concerning the regulation of the Old-Danube river-bed,." 1986.

5 . Hungarian Govemment Resolution No. 3388f 1986,4 Decernber 1986.

6. Report of Prime Minister M. ~ é m e t h to the Hungarian Governrnent, 24 May 1989.

7. Report of Hungarian Prime Minister M. Németh to the Hungarian Govemment, 22 July 1989 (minutes of meeting of 22 July 1989 praduced in relevant part)

8. Thesis of the Hungarian proposal and report on the negotiations, I l October 1989.

9. a) Protoc011 ofthe Joint Technical Experts gommittee, 25 September 1952.

b) ProtocoI Li of the Joint Techcal Experts Committee, 2 1 ~avernber 1952. 1

c) National Plannjng Ofice, Report on the Third Meeting of the Joint Technical Experts Cornmittee, 15 April1953, signed by Mr. Gorgényi and Mr. Mosonyi,

10. Hungarian Report conceming the Fourth Session of the CMEA 29 March 1954.

I l . Interna1 Report by Mr. Gy OsarovszS., Hungarian Deputy Prime Mirister of ChemicaI and Energy Anairs, 7 July 1956.

12. Report on the Consultation of 16-20 June 1957, in Prague, 25 June 1957.

13. Decision No 5011 960 NGKB/X.37,3 1 Qctober 1960 of the Hungarian Committee for International Economic Relations.

14. Protoc01 of the Joint Technical Expert Committee, 23 March 1963.

COUR TNTERNATIONALE DE JUSTICE INTERNATIONAL COURT OF JUSTICE

PALAIS DE L A P A I S 2617 KJ LA HAYE PAYS -BAS PEACE PALACE ?SI7 6 J THE HAGUE NETHERuNDs

T ~ L I ~ P H O N E (am1 S V , ~ J TELEX: 31313 TELEPHOEL: IWO) ~UZZX?J TELEX 32323 TÉLÉGR.: ~NTERCOURT LAHAYE . , CA8LES IKTERCOVRT THEHACUE

TELAFAX: {OTOE 364 8828 , TELEF.4X: 10701 3848828

28 June 1994

S i r , I

Further to my letter (No. 91186) of 19 May 1994, w i t h which 1 enclosed a copy of a letter addreseed by the Deputy-Registrar on 16 May 1994 to the Agent of t h e Slovak Republic in the case concerning the Gabcfkovo-Nagymaros Project, I have the honour ta transmit to

/. .Your Excellency herewith a copy of the reply, dated 15 3une 1994, of the .Slovak Agent ta that letter, received from New York by facsimile.

Accept, S i r , the assurances of rny highest conside;ation.

His Excellency Mr. DBnes Tomaj Co-Agent of the Republic of Hungary

before the International Court of Justice Embassy of the Republic of Hungary . ,

The Hague

Sir,

New York. lune 15,1994

1 have the honour to acknowledge receipt of yourrletter of 19 May L994. In reply Io the iertw of your Deputy, W. Analdez, of 16 May, 1994 1 wrsh ro

clarify thar Annexes 13, 35 and 36 of the Mernorial. of tbe Slovak &public are no[ translations of any dcicument in Slavak or Hungarian but rhey represent ~ither cxplatiation J h c x 13, marc detailcd description /Annex 3 3 . or list of documents l h n e x 36/ which have been specidly prepared in Engtish for the purpose of the proceedings in rhe Internacional 'Courr of lusrice. Fos this reason no copies of original documents were hddd as Annexes 13, 35 and 36 into the set of the unpubfished documents handed over tu you on 2 May 1994.

Conccming h e x 21, you may rest assured. Sir..that'I wiU fumish to you a set of &andations of rbe map legends, The text which precedes these skerches Imapsl ivas speçîally preparcd for the presenration to the Court and only emneously denoted "unofficial mslation! IIts purpose is ta provide explanaticin of differznt maps arrvlhcd to it.

Accept, Sir, rhe assurances of my highesr consideration.

$& 604 Peter T O m k a

Agent cf die Slovak Republic

I COUR INTERNATIONALE DE JUSTICE INTERNATIONAL COURT OF JUSTICE

PALAIS DE LA PAIX 2517 KJ LA HAYE PAYS BAS PEACE PALACE 2817 KJ THE HAGUE NETHERLANDS

T%L~PHOKE: (O701 3(YLP323 TÉLEX: 32323 TELEPHQNE: (0701 3GZ2ÿ23 TELEX: 323.8

T ~ & c R . : INTERCOURT LAHAYE CABLES: INTERCOWRT THEHACUE TELEFAX: (0701 3648828 TELEFAX: (On) 3840928

91497 5 July 1994

Sir,

/. I have th; hoaour to transmit to Your Excellency herewith a letter, dated 23 June 1994 and received in t h e R e g i s t r y today, f rom the Agent of the Slovak RepublLc in the c a s e concerning the Gabcikovo-Nagymaros

. Projec t , together with s i x copFea of t h e tranelation of map legende (Annex 2 1 to the Slovak Memoria1)'enclosed therewith.

Accept, Sir, the assurances of my h i g h e a t consideration.

Hie Excellency Hr. D6nes Tcrnaj Co-Agent af t h e Republic of Hungary before the International Court of J u a t i e e

Embasay of t h e Republic of Hungary The Hague

New York, June 29, 1994

Sir ,

Following to my letter of June 15, 1994 and in response to the request of your Deputy, Mr. h a l d e z , contained in his letter of May 16, 1994, 1 have the honour to submit herewith 127 copies of the translatioi? of the map legends appearing in the Mernorial of the Slovak RepubIic as Annex 21 Nol. II, pp. 405 - 436/.

1 hereby certify that the translation is accurate. ,

Accept, Sir, th?. assurances of my higiiest consideration.

Peter T o m k a Agent of the Slovak Republic

Mr. Eduardo Valencia-Ospina Registrar Lntemational Court of Justice Peace Palace 25 17 KJ n i e Hague The Nethetlands

866 United Nations, Plaza, Suite 585, New York, N.Y. 10017 Tel . (212) 980 1558, Fax

TRANSLATION OF THE W LEGENDS IN TEE MEMOEUAL OF THE: SLOVAK REPUBLIC, Vol. II, pp. 405-436

p. 405: 1. Situation of the river scheme 3 river structures: Hmuliakovo, Vcjka, ~ C O V

hpounded water level 136,W m above s.1. (Adriatic Sea)

Situation of the river scherne _ 6 river structures: Bratislava, Cunovo, DobrohoSt', Dunaremete,

PalkoviEovo, K o m h o hpounded water level 136,W m above s.1. (Adriatic Sea}

Situation of the river and bypass scheme 2 canai structures and 1 river structure: weir Bratislava 9 amofin, Gabcikovo, K o m h o Impounded water Ievel 136,OO m above s.1. (Adriatic Sea)

p. 408: 4. Situation of the bypass scheme 2 canal structures: weir Bratislava, Samotin, ~ a b ~ i k o v o , river bed dredging down to Zlatnh Impounded water level 136,OO m above s.1. (Adriatic Sea)

p.409: 5. Situation of the river and bypass scheme 1 canai structure and 1 river structure: weir Bratislava. Sul'any. K o m h o Impounded water level 136,OO m above s.1. (~driatic' Sea)

p.410: 6 . Situation of the bypass scheme 2 canal structures - DobrohoSi, C j ~ o v river bed dredging down to Zlatn6 impounded waizr level 136,QO m above 5.1. (Adriatic, Ses,'

p.411: 7. Situation of the bypass scheme , 2 canal structures - Hamuliakovo, ïoporovec ' river bed dredping down ta Zlatna hpounded warer level 136,OO rn above 5.1. (Adriatic Seaj

1

p.412: 8. Situation of the bypass scheme weir and canal structures Bratislava and GabSikovo hpounded water level 136,OO m above s.1. (Adriatic Sea)

p.413: 9. Situation of the bypass scheme weir Bratislava and canal structures DobrohoSt' and ç i ~ o v river bed dredging down to Zlatnh hpounded water level 136,50 rn above s.1. (Adriatic Sea)

p.414: 10. Situation of the brpass scheme weir and canal structures Bratislava and Bodiky hpounded water level 136,00 rn above s.1. (Adriatic Sea)

p.415: 1 1. situation of the bypass scheme weir Bratislava, and canal structures Dobroho3t' and &ov river bed dredging down to ZlarnA hpounded water level 136.00 m above s.1. (Adriatic Sea)

p.416: 12. Situation of the bypass scheme weir and canal structures Hamuliakovo aiid Toporovec Impounded rvater level 136,OO m above s.1. (Adriatic Sea)

p.413: 13. Situation of the river and bypass scheme river structure Bratislava, weir HruSov' , canal structure GaEikovo river bed deepening down to Uatna hpounded water Ievel 13600 m above s.1. (Adnatic Sea)

p.418: 14. Situation of the bypass scheme weir Bratislava, structures Cilisrov and GabEikovo \

river bed deepening down to ZlatnA impounded water Ievel 132,00 m above s.1. (Adriatic Sea)

p.419: 15. Situation of the bypass scheme weir Bratidava, structure Baka river bed deepening down to Zlatn6 hpounded water Ievel 132,00 rn above s.1. (Adriatic Sea)

p.420: 16. Situation of the river scheme 3 river structures

. Hamuliakovo, Vojka, &ov Impounded water leveI 132,ûû m above 5.1. (Adriatic Sea)

p.42 1: 17. Situation of the bypass scheme Wolfsthal-GabCikovo-Nagymaros hpounded waier Ievel 132,OO rn above s.1. (Adriatic Sea)

p.422: 18. Situation of the bypass scheme weir Dunakiliti, structure Lipdt tiver bed deepening d o m to ZlatnA lmpounded water level 131,50 m above s.1. (Adriatic Sea)

p.423: 19. Situation of the 2 bypasses scheme weir HniSov - structure 3urany, river bed deepenink dorvn to Lipdt weir Bagornér : srructure Vének, river bed deepening down ro Zlatni hpounded water level 131.50 rn above s.1. (Adriaric Sea)

p.424: 20. SituaUon of the river scheme , .

Wolfsthal. river structures Cilistov, Gabtikovo. Kliiska' hkmi Irnpounded waier level 13 1.50 rn above s.1. (Adriaric Sea)

p.425: 21. Situarion of the bypass scheme Wolfsrhal - Gabcikovo - Nagymaros hpounded water lever I31,lO m above 5.1. (Adriatic Sea)

p.426: 22. Situation of the river scherne 1

Wolfsrhal -Volka - Dunaszeg - Nagymaros hpounded water level 13 1.10 rn above s.1. (Adriaric Sea'i \ -

p.427: 23. Situation of the bypass scheme Perrtalka - Gabtikovo III - Nagymaros ,

hpounded mater level 131.10 rn above 5.1. (Adriatic Sea)

p.428: 24. Siruarion of the bypass and river scheme canai strucrure Vojka and river structure Dunaszeg I

wirh rive; bed iredging down to rkm ! 780.0 Impounded wate: level 13 1.10 rn above 5.1. (Adnatic Sza)

p.429: M- i Situation of the rightbmk bypafis I

weir Bratislava. canal structure Halkzi hpounded warer level 134.00 m above 5.1. ( ~ d n a d c Sea)

p.430: M-2 Simarion of the nver scheme stmcrures Jarovce, Rajka. Vojka. LipOt, Nagybajcsm hpounded water level 135.50 rn above s.1. (Adriatic Sea)

p.431: M-3 Situation of the rightbank and leftbank bypasses weir Petnalka. strucrure Haliszi weir Bratislava. structure Surany , Irnpounded water level 154.00 m above s.1. {Adnaric Seal

I

p.432: M-4 Situation of the rightbank byp'ass weir Bratif ava, canal structure Cilcoiasziget irnpounded watec Zevel 136,00 rn above 5.1. (Adhatic Sea)

p.433: M-5 Situation of the rightbank bypass weir Bratislava, canal structures Feketeerdo, Hédervar

' Impounded water levd E35,CQ m above S.]. (Adriatic Sea)

p.434: hpounded water Ievel 108,5 m a.s.1. M-6 River power project Visegrad rkm 16%,5

rightbank power plant M-7 River power project Visegrad rkm 1696,5

divided power plant M-8 River power project Visegrid rkm 16965

pier divided power plant M-9 River power project Visegrad rkm 1696,5

unified power plant on the righr river bank

p.435:M- 10 Two-branch river structures Kisrnaros and Pocsmegyer hpounded water lever 107,20 rn a.s.1.

107,10 m a.s.1.

p.436:M- 1 1 Two-branch river structures Kisoroszi and Ujpest Irnpounded water level 107,35 m a.s.1.

COUR INTERNATIONALE DE JUSTICE INTERNATXONAL COURT OF JUSTICE

PALAIS DE LA PAIX zsn w LA HAYE ~m-~ffi PEACE PALArE 2517 KJ THE klACUE N E T H E R M N D S

TELEPHONE: 1073) 3 0 d ï W Y TELEX: 32323 TELEPHOSE: (070) 3rW2:12!I TELEX: 32323

TÉLÉCR.. I ~ . T E R C O U ~ LAHAYE CABLES INTEBCOURT THEHACUE

T E ~ P A ' ~ : IWO) ae4oem TE LE FA^: 10701 3o4woza

91500 13 July 1994

I have the honour to ecknowledge receipt of your l e t t e r of 23 June 1994 (of which an advance copy was secelved by f a x on that date), enclosing as an Annex a set of comments on points raiied by the Agent of Slovakia in the case concernlng the Gabcfkovo-Nagymaros Projec t in h i s Letter of 3 June 1994. I acknowledge receipt alao of 14 documents, for the moat part i n Hungarian, identified as those referred to in the Annex,

/ and described in the list suppiied by you, of which 1 seturn one copy for reference. Due note has been taken of t h e f a c t that another set of copies of t h o s e document6 has been sent by you to t h e Agent of Slovakia under cover of a letter of 23 June 1994 o f which you have sent me a copy.

/ - 1 attach for your information a copy of a letter I have today addressed to the Agent of Slovakia.

Accept, Sir, t h e assurances of rny highest consideration.

&L-A /&AL 0

vaiencia-Ospina I

Regiitrar 1

I

Hr. Gyorgy SzenSsi Co-Agent of the Republic of Hungary

before the International Court of J u e t i c e Embaaay of t h e Republic of Hungary The Hague- ,

List of Documents Produced

1. Submission on current tasks related to the realization of the Gabcikovo-Nagymaros Batrage System, May 1984.

2. Government Resolution No. 323811 985, 15 Aupst 1985.

3. National Water Agency, Modifieci Investment Proposal for the Gabcikovo- Nagymaros Barrage System and the evduation of its technical, ecological and econorni~ cross-effects, Suly 1986.

4. Observations of the fiunguian Academy of Sciences conceoiing the "Subrnission on optimization of the peak load operation mode of the Gabcikovo-Nagymaros Barrage System fiorn the point ofview of hydrology, energy, eçology and navigation and on the recent investigations conceming the regulation of the Oid-Danube river-bed,." 1986.

5. Hungarian Government Resolution No. 338R11986, 4 December 1 986

6. Report ofprime Minister M. Németh to the Hunganan Government, 24 May 1989.

7. Report of Hungarian Prime Minister M. Németh to the Hungarian Government, 22 JuIy 1989 (minutes of meeting of 22 July 1989 produced in relevant pan}.

8. Thesis of the Hungarian pcopasal and report on the negotiations, I I October 1989.

9. a} Protocol I of the Joint Technical Experts Committee, 25 Septernber 1952.

9b) Proto~ol II of the Joint Technical Experts Committee, 2 1 November 1952.

9c) National Planning Office, Report on the Third Meeting of the Joint Technical Experts Cornmittee, 15 April 1953, signed by Mr. Gorgényi and Mr. Mosonyi.

10. Hungaîan Report conceniing the Fourth Session of the C M E q 29 Marçh 1954.

1 1 . Interna1 Report by Mc. Gy Osztrovszky, Hungarian Deputy Prime Minister of Chemical and Energy Affairs, 7 July 1956.

12. Report on the Conçultation of 16-20 June 1957, in Prague, 25 June 1957

1;. Decision No 50/1960 NGKBIX.37,3 1 October 1960 of the Hungarian Committee for International Economic Relations.

14. Prtitocol: of the Joint Technical Expert Cornmittee, 23 March 1963

S i r ,

13 July 1994

Further to my letter of 8 June 1934, 1 have now received from the Agent of Hungary i n the case concerning the Gabcikovo-Nagymaros Project a letter dated 23 June 1994 enclos ing ae an Annex a set of c m e n t s on the pointa raised by you in your Letter of 3 June 1994, together w F t h 14 documents, for the most part i n Hungarian, identified as those referred to in the Annex, and described in a list submitted by the Agent of

/ Hungary. 1 enclose for your information a copy of the Agent's letter of 2 3 June 1994, the Annex and the list of documents, It is understood that a further s e t of t h e ~ e documente hae been transmitted to you directly by the Agent of Hungary.

/ . I aleo attach f o r your information a copy of the letter 1 have today addressed to the Agent o f Hungary.

Accept, S i r , t h e assurances af my hlgheat consideration.

Edufrdo Valencia-Ospina Registrar

Dx. Potor TomJra Agent of the Slovak Republie before

I

the International Court of Justice Embassy of the Slovak Republic The Hague !

cc: Dr. Petar Tomka Permanent t4ieeLon of the Slovak ~ e ~ u b l i e to th? U n i t e d Bationa

New York 1

COuH INTERNATIONALE DE JUSTICE INTERNATIONAL COURT OF JUSTICE

PALAIS DE ï.,4 PAlX 2517 KJ LA HAYE PAYS-E3AS PBACE PALACE 25x7 KJ 'Pl IE HAGUE N E T t l C R U h ' U S

T É I ~ ~ P H O N E : (070) 30ZrJ2:I TELEX: :tZm3 TELEPHONE: IIYm) 30''2:I2:3 TELEX: 32323

T E L ~ F R . : INTERCOLRT LAI-lAYE CAOLCÇ: INTEnCOUltl THCHACUE

TEL* PAX: IO701 3 134 PB 28 TELEPAX: (0701 3 G4 8928

18 July 1994

S i r ,

1 have the honour to transmit t o Your Excellency herewith aix J . copies of the translations, eupplied by the Agent of the Slovak Republic,

of the map legends appearing as Annex 21 [Vol. 31, pp. 405-436) te the Slovak Mernorial in,the case concerning the Gabcikovo-Hagymaros Project. The delivery of these,translations waa annsunced by t h e Slovak Agent i n hie letter of 15 June 1994, of which a çopy vas tsansmitted to you with my l e t t e r of 28 June 1994.

Accept, Sir, the assurances of my h i g h e s t consideraticn.

H ~ B Excellency Mr. Denea Torna j I

Co-Agent of the Republic of Hungary before t h e International Court of Justice

Embaasy of the Republic of Hungary The Hague

TRANSLATION OF THE MAP EGENDS IN TEE MEMORIAL OF THE SLOVAK REPUBLIC, Vol. II, pp. 405-436

p. 405: 1. Situation of the river scheme 3 river struchires: Hamuliakovo, Vojka, e i ~ o v Impounded water level 136,OO rn above s.1. (Adriatic Sea)

p.406: 2. Situation of the river scheme 6 river structures: Bratislava, Cunovo, DobrohoSt', Dunarernete,

PaIkoviEovo, K o m h o hpounded water levell I36,00 m above s.1. (Adriatic Sea)

p.407: 3. Situation of the river and bypass scherne 2 canal structures and 1 river structure; weir Bratislava, h-norin, GabCikovo, K o m h o Impounded water level 136,OO m above S.]. (Adriatic Sea)

p. 408: 4. Situation of the bypass scheme 2 canal structures: weir Bratislava, $amorin, Gab~ikovo, river bed dredging down to Ziatni hpounded water level 136,OO rn above 5.1. (Adriatic Seej

p.409: 5. Situatiori of the river and bypass scherne 1 canal structure and 1 river structure: weir Bratislava. Sul'any. K o m h o Impounded \vater level 136,OO rn above 5.1. (Adriatic Sed!

- p.410: 6. Situation of the bgpass scheme

2 canai structures - ~obrohoS1'. ëiëov river bed dredging down to Zlalni Impounded \varCr levc1 136.00 m abuve s.1. (Xdriaric Ste ,

p.411: 7. Situation of the bypass scheme I

2 canal structures - Hamuliakovo, Toporovec j river bed dredging down ro Zlatni I

hpounded water level 136.00 m above s.1. (Adriatic Sez: 1

p.412: 8. Situation of thebypass scheme weir and canal structures Bratislava and GabEikovo Impounded water level 136,00 rn above s.1. (Adriaik Se2)

p.413: 9. Situation of the bypass scheme weir Bratislava and canal structures Dobrohdt' and C i ~ o v river bed drcdging down to UatnA Impounded water level 136,50 m above s.1. (Adriatic Sza)

p.414: 10. Siruation of the bypass scheme weir and canal structures Bratislava and Bodiky h p o u n d e d water level 136.00 m above s.1. (Adriatic Sea)

p.415: 1 1. Situation of the bypass scheme tveir Bratislava. and canal structures DobrohoZr7 and &ov river bed dredging down to Zlaini hpounded water level 136.00 m above s.1. (Adriatic Sea)

p.416: 12. Situation of the bypass schzrne weir and canal structures HamuIiakovo and Toporavec Impounded water level 136.00 rn above s.1. (Adriatic Sca)

p.417: 13. Situation of the river and bypass scheme river structure Bratislava, weir HruSov canal structure GabEikovo river bed deepening down to ZIatna hpounded water level 1 %,O0 m above s.1. (Adriatic Sea)

p.418: 14. Siruarion of the bypass scheme weir Bratislava, structures çilistov and GabEikovo river bed deepening down to ZlatnA Impounded water Ievel 132,ûû rn above s.1. (Adriatic Sea)

p.419: 15. Situation of the bypass scheme weir Bratislava, structure Baka river bed deepening down to Zlatnh hpounded water level 152,OO m above s.1. (Adriatic Sea)

p.420: 16. Situation of the river scheme 3 river structures Mamuliakovo, Vojka, i]iëov hpounded water levd 132,OO rn above s.1. (Adriatic Sea)

p.42 1 : 17. Situation of the bypass scheme Wolfsthal-GabEikovo-Nagymaros lmpounded water level 132,OO rn above s.1. (Adriatic Sea)

l p.422: 18. Situation of the bypass scheme

weir Dunakiii ti, stnicture Lp6t river bed deepening down to Zlatna l

Impounded \vater level 131:50 m above s.1. (Adnatic Sea)

p.423: 19. Situation of the 2 bypzsa scheme l

wcir HniJov - suucturc Sulany. river bcd dccpcnine do\m ro Lipui weir Bagomér - structure Vének, river bed deepening down to ZlarnA Impounded water level 13 1,50 rn above 5.1. (Adnatic Sea)

l p.424: 20. Situation of the Rver scheme

Wolfrrhd. river struc~urcr &liriov, Gabeikovo. diitki Semi Impounded warer level 131.30 m above S.]. (Adriatic Sea)

l p.425: 21. Situation of rhe bypass scheme I

Wolfsrhal - GaoCikovo - Kagymaros , Impounded water lever 131.10 m above 5.1. (Adnatic Seai

l

p.426: 22. Situztion of the river,schçrne 1 Wolfsthal -Vojka - Dunaszeg - Naglmaros lmpounded water level 131.10 m eboveS.l. (Xdrîaric Sz2)

p.427: 23. Siruarion of the bypass scheme 1

* 1

PetrZdka - GabEikovo II - Na2yrnxos 1

impoundcd rvaiei icvci 131.10 m above 5.1. (~dr ia( ic Scni

p.428: 24. Situation of the bypaçs and rive: scheme I

cand strucrure Vojka and rive: structure Dunaszeg 1

with rive; bed Sredging d o m ro rkm 1780.0 1 h p o u n d e d wate: level 13 1 .l O rn above s.1. (Adriaric Sza i

p.429: M- 1 Situation of the rightgmk bypas weiï Bratislava. canai structure Halkzi I

Impounded water ievel 134.00 m above s.1. (Adnatic See)

\

p.430: M-2 Siruarion of the river scheme I 8 strucrures Jarovce, Rajka. Vojka. Lipdt. N.'agybajcs

hpounded water level 133,50 m above 5.1. (Adriatic See)

p.431: M-3 Simation of the rigbrbank and leftbank bypcisses weir PerrIralka, structure HaIkzi weir Bra~islava. structure Surany Impounded warer level 134.00 rn above s.1. (Adriatic Seai

j

p.432: M-4 Situation of the rightbank bypass weir Bratislava, canai structure Cikdasziget hpounded water IeveI 136,00 rn ahve s.1. (Adriatic Sea)'

p.433: M-5 Situation of the righibank bypass weir Bratistava, canal structures Felreteerdo, Hédervir Impounded water level 136,ûû rn above s.1. (AdRatic Sea)

p.434: hpounded water level 108,5 m a.s.1. M-6 River power project Visegrad rkrn 1696,5

rightbank porver plant M-7 River power project Visegrad rkrn 1696,5

divided pohver plant M-8 River power project Visesrid rkm 1696,s

pier divided power p l a i M-9 River power project Visegrid rkm 1696,5

unified porver pIant on the right river bank

p.435 :M-IO Two-branch river structures Kismaros and Pocsmegyer impounded witer level 107,20 rn a.s.1.

107,19 rn a.s.1.

p.436:M- 1 1 Two-branch river structures Kisoroszi and Ujpesr hpounded water level 107,35 rn a.s.1.

I Î

I l

F m d JWissim ofthe %ak. RepWi~ to Uie Uniid Chfations 866 TUnited CNaZions Th, Suite 585, rNm Xork, 3\13, I O O q

Phone: 212-980 1558 Fax : 2 12-980 3295

l

1 have !he honour to acknowledge receipt of your letter of 23 Jurie 1994 l

1 f ~ l obliged to respond directly to your allegation îhat the Slovak Memorial haç also referred to documents wjthout annexing them. The specfic complaints, in your above letter, were aç folloivs,

"In this context 1 would refer - for example - to the section in the Slovak Memorial from pages 129-132, which refers to a çeries of meeungs, communications and reports mthout single reference to any annex. T would also mention the repeated references on pages 48-59 to reports on scientific aspects of the project, which reports are not amexeh".

These complaints are !vithout foundation i Î

I would like to point out that pages 129-132 form Section 1 to Chapter IV, ivhich comtitutes a resumé of events that are dealt with in detail in the follo~\.rng sections. In fact, the documents relating to the meetings, communications and reports referred to at pages 129-132 are annexed as appropriate in îhese folowing sections. I am surprised that it was not clear that pages 129-132, entitled "Preliminary Points", were not more than a list of preliminary points that ivere discussed in full later, with references to relevant documents.

l

I am alw extremely surprisecl by your comment relating to pages 48-59 of the Slovak Mernorial. It is assumd that this comment does not relate ta scienlific works such as the Bechrel and HQI reports, the relwant sections of rvhich are indeed annexed to Slwakia's Memorial, but to the many hundreds of background works to the GM Projea lisied in Slovakia's Annexes 23 and 24. niese two Annexes are adduced in support ,of contention that the G/N Project \vas indeed very carefully researched. This cuntention does not relate to the individual findings of specific reports, but to the fad of their existence. The actual contents of the reports are not relwant la the contention and there is therefore no need to annex the individual reports. In accordance with Article 50, paragraph 1 of the Rules of Court, detailed lists thai evidence the reports'existence are hoivever annexed.

Slwakia does not carnider that it has shared Hungary's practice in relation to the annexing of donimentaq evïdence in any way.

',

Dr.Gyorgy SzdnAsi Co-Agent of the Republic of Hungary Ministry of Foreign Mai r s

B u d a p e s t I

Pinally, I thank you for your offer lo supply copies of any documents referred to in Hungay's Mernorial but not annexai thereto. I must however reiterate SIoiraha's belief that it i s for Wungary to mipply the evidence reIating to the contentions contained in Its Memonal without enmuragement h m Slovakia. In addition, now that Mernorials have &en filed, Slovakia believes it inappropriate for requesis for documents to be made exoept through the Reg~stry.

Yours sincerely,

+&LM& Dr Peter Tornka ' Agent of the Slovak Republic

Budapest, 9 August 1994

Sir,

Cme co:oncerning the Gabcikovo-Nap~maros 'Psoiect HuwarvISlovakiaI . - . .

With reference Eo your Eetter fo the ~ e ~ i s t r a r of the International Cuicpt of Justice of 3.June 1994,I haue the honoui. to enclose herewith a CE&-y of a letter sent to the ,Registrar ,of the International Coilrt of Justice. 1 also enclose a duplicate set of the original documents referred to in the annexes of the Hungarian mernorial. '

Plense find attached a copy of the letter ,of His Excellency Mr Istuan Szent-lv&ltyi, Stafe Secretary for Fore~gn Affa~rs of the Republic of Hungary to Mr. Edi~ardo Valencia-Ospina on the appointment o f the new Agent to the Court. 1

1

Please accept, Sir, the assurances of rny highest consideration. '

Dr ~ o r g y Szénrisi Agent of the Republic of Hungary

I

Dr Petër Tomka Agent of the Slovak Republic Embassy of the Slouah Republic The Hagge

c Io: Dr Peler Tornka Permairenl Missi011 ofihe Sbmk Republic i o the Unired Nnlioris .%tu York

1394 0ud~per t 61. Pt. 423 Tel: 117.63.02 Fau: 111.77.38

Budapest, 9 August 1994

Sir,

Re. : Case conc - erning the Gabcikovo-Na~rmaras Proiect lHun~arvISlouakiaJ

I have the honour to present to the Court copies of the original docr~ments referred to in the anne-ws of the Hungarian Mernorial. A duplirate set of these documents has been forwarded to the Agent of Slouakia. The submission of these docr~ments is i n order ta compdy tuith the requil-emnts ofArticle 50, paragraph 2 of the Rrlles of Court.,

Where minor errors in the Hrrngariati. Mernorial affect the.obo~'e a note is included in the appropriate file.

Please accept, Sir, the assurances of my highest consideration

Agent of the Republic of Hungary

MT Ed ilardu Valencia- Ospii?a The Registrar International Court of Justice Palais de la Paix 2517 KJ The Hague The Netherlands

1394 Budapest 62, FE 423 -1: 117.63.02 Fm: 117.77.38

Budapest, 9 August 1994

Sir, 1

Re.: Case conçerning the Gabcikoao-Nwmaros Projeçt --

(HunaaglSlouakia)

With reference to the Joint Declaration of June 1993, submitted by the Governmnt of the Republic of Hungary and the Sloualrz Republic, I have the honour tli inform you of the folloiuing:

The Government of the Republic of Hungary, by I t s decision- No 2074 JI994 of July 25 1994 has appointed Dr Gyorgy Széndsi, Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Hungary to sucçeed Hzs E'rcetlency Dr Jdnos Martonyi, Stete Secretary of the Ministry of Foreign Affairs of the Republic of Hrtngary as Agent for the Republic of Hungary for the purposes of the present case. The address of the Agent for service at the seat of the Court remains gnchanged. 1

Pleaçe accept, Sir, the assurances of my higheat consideration.

Mr Eduardo Valencia-OspiEa The Registrar International Court of Justice Palais de la Paix 251 7 KJ The Hague The Netherlands

43

Anael 15

MINISTRY OP FORE~GN AFFAIRS OF THE REPUBLIC OFHWGARY

fl%a 0 p m ~ h m m - L A w D m m m r

J-8/V/87/1994

MF Eduardo Vabncia-OspiGa The Registrar International Court of Justice Palais de la Paix 2'51 7 KJ The Hague T h Netherlands

1394 Budapest 62, PT. 423 Tel: 117.63.02 Fa. E 17.77 38

Budapest, 9 August 1994

Sir,

&L Case concerninc the Gabcikovo- Nwrnaros Prqiect (Hungct-fSlociakia1 I

I have the honour to present tu the Court copies of the original documents referred to in the.rannexes of the Hungarian Memorial. A duplicate set of these documents has been forwaràed to the Agent of Slovakia, The submission of these documents is in or&r to comply with the requirements of Article 50, paragraph 2 of the Rules of Gourt.

Where minor errors in the Hungarian Memorial affect the aboue a note is included in the appropriate file.

Please accept, Sir, the assurances of my highest consideration.

Agent of fhe~iepublic of Hungury

Budapest, 9 Augr~st 1994

Sir, !

1

R e . k (Hun~aryI Slovakia)

I I ,

With refe~ence t o the Joint Declar-ation Iof Jtlrle 1993, srtbnritted by the Governrnent of the Republic of Hutigary orid the SLouak Republic, I have the honorir t o infoi+m yoir of the followiilg:

, . The Gouer-,i~iie>it of the Repirblie of ~ l l ~ i ~ o , - : b i ils riecisioti

No 20741199.1 of Jtrly 25 1994 hns cippointed Dr @#t'p".i' SzPltrisi. Hcsicl of tlie Inter~lational Lt[u Depal-tnzen f of th^ 11liri ist~:i. of Fore~grr A f/klrs of the Repi~bl ic of Hrrrigarj to sr~cceed His E.~celle~icy Dr Jritins Martouyl, State Secl'eLary of the hfiniçtry of Foreign Affairs of the Republic of Hzl~galy as &gent for the Repiiblic of Hrrngarli, JÙr thc purposes of the preçenl case. The address of the Ageilf for sel-rice nt the seat of the Corrrt 1-ensains irfzchariged.

Pleaçe accept, Sir; the rrssurn tlces of nrj l i i ghe~t corisirleratioii.

Mr Eduardo Valencia-Osplna The Registrar International Court of Justice Palais de la Paix 251 7 KJ The Hague The Netherlands

91653

S i r ,

r have t h haneur to transmit to yoir hérewit?- a acpy of a letter, ciated 3 Auyast 1994 a d receit-ed h the Xegisty Dy facsiclle, frbm the . F Agent af S l a e k i ~ in t h e c2se coacezx i r~ a v - Nrii~maros Proie& I F t ~ n u a v / S l o v a k ~ .

1 .

~cc.spt , S i r , t h e assurazces af fiy k i c : l o ~ ~ cczsiderztioz.

E s Exeellency D r - S h o s H . = r t O = y i

Agerit of the ~epcbi3tf c of EuGary becore t h e inte-atio~al Cdnct ai Jcscica

srbassy af t h e Repliblic of I i w p r f The %gue

I wcm w seq.-ht Sr~~zkis is k? arrgI= vez', -dl -3?e 03stmztim miai kt y o u kü of g J-me 19% î i ~ , iz &e 5rsi ~ L s , &z of ~?m~1121$~= H+& -& pwicirn ni Article 50, -"ei~h ! of* Mes ar"Cfii~t~k 2-c f c r d x g e ~ s - ~ G * & ~ ; l & j t o jc,&g. Bnt SJmd&'s lez of 3 3- n z iic; k~xdk to éCC=s ~e NB whm emhxicm mdr by the ue nor sqpr!! b- a i h . Sl;id4~'j cor;-b;nt b &€a.& d is

k a m e it con- i r s ' t c r uLhc H m ~ y ' s ccm-'Um i+2 ~d U] bs s m p o r d by d & q ai- sppEcally sdmd :O ;o ot!. iz %mggC~'s Maori& bur r ;&k

mr &mi&& ta t,ke Tac gr~w 0 % ~ p r o b ! ~ ~ m. 'k s û z for m p k , h.hc 5c'; b t pa-h 3.06 cf rhs m a hfemerizf spccSdiy ~ u e ~ c s jrm- a w%& th H e Co-iupiinfcm a On k2 5 3une Ic-& 2: page Zf Rw ma- be 1 d " .

E m p y ' s Memaid is -Lezefare considwd rc bz hcmpb by S~ovzki2 - o tcff whi& was dm sja, i 5y +& -&&1.4p. Yuc ,d, Sir, or; 2 Mpy, k v h

MPmoriab wtrz nid a d exchanCId a h m r k in ~'OE d c t , S e H m g s k X g d r m d m in hls l e a, p u o f b &, tp pmide the Co&< ''&fi>* ilitli 2 foldsr d g crigid d m & rdytîhId ~i2Ltkt CQLlS Br HiuIgw.

1

hmy]emtoywofS h!~y, i~tk&eszdocti incr. .rskf~m?rEd t o ~ ~ e s ~ ~ i n a s d v e d , m d b ~ p ~ t e ] y c f 10 M * y p i r h c z l e d - ~ : & e H m g . i 9 + ~ h z d yrtsibc receiwd. On 17 M q , the Cc-- 0fHrn-y ~.\TQC t5 tpr: a-;q - î t "th: m z a $ m zzd q y i n s of& 4 m . s in p r w ~i th= C r o v ~ r n e t c f k hjmblic cf &ug!! rhor;lv pmndr: e. ~ c t af &c ozigid donma%" b f h rc III* 3 q i s q e..d ta the Agm of 51md&

Mi. E h d o Vdtncia-Oqma %== Inm-doirzl Cou? of Ps ice Puce Pdacr Tm b e

My iem tu you of 3 Jme %.as promm b: the ficc not ody lad S i w no5 ' mceked the p d e d f . c f o r i g i d doctmwa bur aho. a* . r r R~~gary'$

Sl- M &w%pa3 hm w&e fie problm ofrisshg waç.

Tc&>-, b maths &B rht date of Edhg of &c T\lc;il&!z, the promisec! fdder of -fi - 50 CX@&? f i w . 3 fi@ d 1iS - h a E O ~ b- . e v d by

Slmb.

In the r&e;Fk=q-hrs trh mm! cba 2&m. Fi* in his 25 3- II-, t k Cc-Agat dEugzz @d hu wn3d *FA E 2 e -kg%- s in ths c r e d l a g g e of tte d o m a shgi& out ic SbvAe's 3 Jtae les. L: EX a~ mÜl6 July hi s m e 8-CEP, mm2 z e t d y han64 avez a Slavakir. -4d iï is e v i d d %A: riie C ~ P 2- a n S s p&d '%Ide? bf dcume!m't.

b& k b d y d f a d i y ' 2 z ~ & i i p h ~ 1 ' c b - : û b , fl- Ezs 2p-rwçhzd S!QV$!~ rqu&Lng S. r;?mlm cf d e r C O Z - ~ ~ Z . SIoveb k cf b view hi rhis is wt h e m m L p i d m fo; thc scbaissiçm of eridxcx iz e c x e &re t3e Cc%% ozce both h i & h v e 5- EBC T ~ s pfc)~& wad2 srd .c ic =aifise $e c _ u ~ ~ a n $=!mi evidace k bzsi d u c d zn6 f&!Ad by tkz Pm-cg k a c ~ h m mi& the Rds-cf Co~ri i

F S y , 1 ~zmat but ixj- tke HmgGeri Cc-A@'$ z!!egzrio~ -&ET tke Slobak Èciemarid L~ zlsc z;& rc 6 m m . * fieL 1 b-,-e q t w a d f -ed this m o a m ~

" d m ' o a b ny 3&çr ta th Hm&zq Clo-Agat s cc1py cf asch is mdosd be:en.rfh for ~ O L I ~

i22--atim

Budapest, !ll August 1994

Dear Dr Tomka, I

1 have the honour ta acknowledge receipt of your letter of 3 Aumst 1994. I

The substance of the issues dealt with in that letter is a matter for the further pleadings of the parties, as pointed out by the Registrar. Under these circumstances 1 need only reiterate Hungary's offer to make available such furthes documents, referred to but not annexed in Hungary's Mernorial, as may sought by Slovakia, and express the hope that Slovakia will recipsocate.

In that context, 1 refer to the Note Verbale addressed by the Ministry t o the Embassy of the Slovak Republic in Budapest an 27 June 1994 (eopy attached), and would be grateful to know that the documents referred to will be made available.

I am sending a copy of this letter to t he Registrar.

* Gb C Dr Gyorgy Szénasi ) Agent of the Republic of Hungary

Dr Peter Tomka Agent of the Slovak Republic Embassy of the Slovak Republic The Ha pue

\ HOTE VERBALE .

The Ministry of Foreign Affairs of the Republic of Hungary presents its compliments to the Embassy of the Slovak Republic and haç the honour to request copies of the attached documents to which a reference was made in the Slovak Mernorial. It would be appreciated i f theçe documents cauld be forwarded '

at an earliest opportunity.

The Ministry of Foreign Affairs of the Republic of Hungary avails itself of thiç opportuniQ te renew to the Embassy of the Çlevak Republic the assurances of its highest consideration.

EMBASSY OF THE SLOVAK REPUBLIC

B U D A P E S T

List of Doeumentrs/Referenees to be Reauested from the Slovak Party

1. The special reports presented in stages to the Hungarian Academy of Sciences on the Bioproject, referred to on page 52, footnote IO ofthe Mernorial.

2.- The study compiled by URBION (1986) updating the Bioproject, referred to in fi 2.22, page 54 of the Memonai.

3 . The "Summary documentation on the GtN Project", s h d y number 15 in Annex 24 of the Mernorial.

4. The studies on forest ecosystems, ground water, location alternatives, protection measures and water quality (10 studies total), referid to in Annex 24 of the Memoial. Specificaily, the studies numbered: 14,23, 77, 106, 107, 108, 109, 1 10, 114, 118.

5, The studies done by VITUKI, Budapest, on the regulation of ground water levels in the areas adjacent to the old iverbed, refemed to in fi 2.16, page 5 I of the Mernoriai.

Budapest, 3 1 August 1994

Sir,

Re.: Case concernin~. the Gabcikovo-Namaros Proiect ~Hunaarv/Slovakia)

1 have the honour to inform you that I have today, sent t o the Agent of Slovakia a letter, a copy of which is attached. 1 also enclose, for your information, a copy of t h e Note Verbale of 27 June 1994 referred ta in that letter together with its accompanying Iist of requested documents.

Accept Sir, the assurances of my highest consideration.

w ( Dr Gyorgy SzénAsi 3

Agent of the Republic of Hungary

Mr Eduardo Valencia-Ospina The Registrar International Court of Justice Palais de la Paix 25 17 KJ The 1-Iague The Netherlands

Budapest, 11 August 1994

Dear Dr Tomka,

1 have the honour to acknowledge receipt of yutir letter of 3 August 1994. 1

The substance of the issues dealt with in that letter is a matter for the further pleadings of the parties, as pointed out by the, Registrar. Under these circumstances 1 need only reite~ate Hungary's offer to make available such further documents, referred to but not annexed in Hungary's Mernorial, as may sought by Slovakia, and express the hope that Slovakia will reciprocate.

In that eontext, 1 refer to the Note verbale addréssed by the Ministry to the Embassy of the Slovak Republic in Budapest on 27 dune 1994 (copy attached), and would be grateful t o know that the documents

1 referred to will be made available, , 1

1 am sending a çopy of this letter t o the Registrar.

Yours Sinçerely , 1r 0

( Dr Gyorgy SzénBsi 3 Agent of t h e ~ e ~ u b l i c of Hungary

1

Dr Peter Tomka Agent of the Slovak Republic Embasçy of the Slovak Republic The Haaue

NOTE VERBALE .

The Ministry of Foreign Affairs of the qepublic of Hungary presentç its compliments t o the Embassy of the Slovak Republic and has, the honoq 10 request copies of the attached documents to which a reference was made in the Slovak Mernorial. It would be appreciated i f these documents could be forwarded at an earliest oppodunity.

The Ministry of Foreign Affairs of the Republic of Hungary avails itself of this opportunity to renew to the Embassy of the Slovak Republic the assurances of its highest consideration.

EMBASSY OF THE SLOVAK REPUBLIC

B U D A P E S T

List of Doeuments/Referencezs to be Reauested from the Slovak Party

1. The special reports presented in stages to the Hungarian Academy of Sciences on the Bioproject, referred to on page 52, footnote 10 of the Mernorial.

2.- The study compiled by URBION (1986) updating theBioproject, referred to in fi 2.22, page 54 of the Memorial.

3. The "Surnrnary documentation on the G/N Project", shdy number 15 in Annex 24 of the Mernorial. I

4. The studieç on forest ecosystems, g r a n d water, location alternatives, protection measures and water quality (10 studies total), referred to in A m e x 24 of the Memorial. Specifically, the studies nurnbered: 14,23,77, 106, 107, 108, 109, 110, 114, 118.

5 . The studies done by VITUKI, Budapest, on the regulation of ground water levels in the areas adjacent to the old riverbed, referred to in fi 2.16, page 5 1 of the Memonal. i

PALAIS DE LA PAIX 1817 W LA HAYE PAYS.B.45 PEACE PALACE =El7 KJ THE W A C W E NETHERLANDs

TELEPHONE: (OMI 3824441 TELEX: 32323 TELEPHONE: (0701 3924441 TELEX: 32323

T E L ~ C R . ENTERCOURT LAHAYE CAELES; INTERCOURT THEHACUE

TÉLÉFAX: (070) 3 8 4 BOS TELEFAX: (070) 9049928

16 August 1994

Sir.

1 have the honour to acknowledge receipt of the letter, dated 9 August 1994 and rsceived i n the Registry by facsimile on 11 August 1994, by wbich H . E . Mr. Istvdn Szent-Xvdnyi, State Secretasy for Fare iz . Affairs of the Republiç of Hungary, inforrned the Court of your appointment as Agent of Bungary in the case concerning t he

l k o v o - N a m n s P r o j ~ r t : I I I i i n a a r v / S l ~ v u , to succeed 8.6, Mr. Jgnos Martonyi. Due note h a s been taken of this appointment.

Accept, Sir, the assurances of my highest consideration.

Mr. G y B r g y SzGnasi Agent of the Republic of Hungary

before the International Court of Justice Embassy of the Repuhlic of Hungary The Hague

COUR INTERNATIONALE DE JUSTICF INTERNATIONAL CS)URT OF JUSTICE

PALAIS DE LA PAIX 2517 ICI L-A HAYE PAY6.BAS PEACE PALACE 2917 LJ TTH k*AEL'E \ETHERLANDs

T~LEPHONE: Kiiû130223>2'A TELEX: 32323 TeLEPHONE: IO701 31Y1"2:3 TELEX. 32323

TÉLÉcR.: INTERCOURT LAHAYE CABLES: ISTERCOUII'T 'TWEHACUE

TÉLEFAX: (0701 3640828 TELEFAX: (0;OI 3843028

I

I have the honour to acknawledge receipt of your le t te r of '9 August 1994, and a set of original-language documents referred t o in t h e annexes t o t h e Mernorial of Hungary in the case concerning the Gabcikovo-Nagymaroç P r o j e c t , referred to t h e r e i n . These documents, and the covering letter, w e r e handed to me today byiHis Excellency Mr. Dfnes Tomaj, Co-Agent of Hungary.

Accept, Sir, the assusaRces of my higheçtl consideration.

Acting Regiçtrar I I

ML-. or^^ szénasi I

Agent of the ~epub l i c of Hungary before the Internat ional Court of Justice ,

Embassy of the Bepublic of Hungary 1

The Hague

PALAIS DE L4 PAIX 2511 KJ LA HAYE PA=-BAS PEACE PALACE 1517 KJ THE HAGUE NETHERLAsDs

T~LEPHONE: 10701 3022313 TELEX: 32323 TELEFHOh'E: [O701 30'1"323 TELEX: 32323

TEL~GR.: INTERCOLUT U H A Y E CABLES: 1\TERCOCiHT THEHACUE

TELÉFAX. to~ni aedonna TELFF,\S 10701 3 ~ 4 9 9 2 8

2 5 August 1994

S i r ,

1 have the honour to acknowledge receipt of your letter of 11 Auqust 1994 encloaing a copy of a letter addressed by you on that date to t h e Agent of the Slovak Republic in the case concerning the Gabcikovo-Nagymaros Project, and copies of the enclcsures to that letter.

hccept, Sir, the assurances of rny h i g h e s t consideration.

&/ H.W.A irlway, Act ing Registrar

Mr. Gyorgy Szénaei Agent of the Republic of Hungary before the International Court of Justice

Embaesy of the Republic of Hungary The Hague

OF THE REPUBWG OF HKVGAKY

I re/efer t o y o u r letter of 3 A u y s t 1994, in wkch you responded ' t a the allegation that theSlovak.Memoria1 has d s o re femà t o documents withoiit annexing them". 1 would only point out that, in relation to the studies descnbed on pages 48-59 of the SIovak Mernoha1 but not annexed, the Memorial rnakes the following statements:

!+ "These studies shoired that the Project was sustainable in

environmental terms." (paragraph 2.14) 1

* "These studies demonstrated to the satisfacpon of the parties that the Project would not affect surface or ground water in an unacceptably negative way and, t o the contraxy, would lead t o certain specific improvements in \vater quality." (paragraph 2.15)

1

l

Although you Say that the studies are Iisted not in order t o rely on "the findings of specific reports, but to the fact of their existence", t h ç i ç n o t the case in p,aragraphs such as the above.

Other examples of the practice in the Slovak Memorial could be cited - the undocumented reference t o a çtatement by the Czechoslovak Foreign Minister in Prague on 15 May 1989 (Slovak Memo:ri@l, paragraphs 4.01 and 4.09), to give just one example. l

Dr Peter Tonka , Agent of the SIovak RepubIic , Embassy of the Slovak Republic a t The Hague j The Netherlands I

1

1394 Budapest 62, Pb 423 '

Tcl: 117.63.02 Fax: 117.77.30 , 1 '

Our two govemmenta are plainly enough i a disagreement about mmy substantive issues relating to this case, but I hope 1 may be dlowed to express the view that procedurd wranghg is unnecessary for the purposes of elaborating our respective positions before the Court.

P enclose copies of three Ietters h t t e n today to the Registrar.

Yours sincesely,

D; Gyirgy Szénasi Agent of the RepubIic of Hungaty

J-81B/V1994

Budapest, 6 September 1984 I

Six, 1

Re: Case concemina the Gabcikovo-Namaros ~ r o i e c t IHunaarvtSI ovakia)

I have the honour to açhowledge seceipt 8f youx letter of 9 August 1994, fomarding a copy of a communication from the Agent of Slovakia dated 3 August.1994.

1

Having regard to the comments made in yDur-letter to the Agent of SIovakia of 8 June 1994, and in my Zetter of 23 J h e 1994 to you, 1 see no

. point in continuing the correspondence initiated by the Agent of SIovakia. My letter of 23 June 1994 sesponded t o each of the points made in Mr Tomka's letter of 3 June 1994, and provided documents in support of each of those responses.

Copies of the original documents amexed t o lthe Hungarian Mernorial have been dePositecl rvith the Court and a dup1icate set fonvarded t o the Agent of SIovnkia.

I have replied directly t o D r Tomka in relation t o his letter of 3 August 1994.

Accept, Sir, the assurances of my highest consideration.

Agent of the '&public of Hurigary

Mr Eduardo Vdencia-Ospifia

The Registrar

InternationaI Court of Justice i

Palais de la Paix

2517 W The Hague The Metherlands

Budapest, 6 September 1994

Sir,

Re: Case conceming the Gabcikovo-Namal-os Proiect IHuncarv/Slevakia): Errata t o the Hun~arian Memoiial

I enclose a list of errata noticed in the Hungalian kIernona1. I have sent a copy of ths lis t to the Agent of Slovaiua.

Acçept, sir, the assurances of my highest considiration.

Dr Gyorgy Szénasi Agent o f the Republic of Hungary

Mr Eduardo VaIencia-Ospifia

The Registrar

International Court of Justice

Palais de la Paix

2517 XW The Hague

The Netherlands

Memorial of the Republic of Buigarg

List of Errata

1. p.Il, para 2.06: ~ h e quotation needs eliipsis as follois: 3 s ... the soIe mccessor". I

2. pp. 18 and 19, para 3.10: The qutrtation marks should,be omitted.

3. p. 71, para 3.126: T h e citation shouId be ta Vol 4, annex 49, and not to Annex 48.

4. p.73, para 3.128: The citation should be to Vol 5, annex 10, and not to Vol 4, annex 10.

I

5. p. 78, para 3.143: The last 3 words in quotation marks "oEvarious scenarios" should have been bracketed.

6. p. 80, para 3.147: The first line should read "he added that Czechoslovakia commit itself 'to not undertake work in the Danube's bed until July 1992"'.

7. p. 85, para 3.161: The citation should be t o Vol 4, annex 157, and not to knnex 15.

8. p. 99, para 3.196: The citation should be t o p. 58, and d o t to p. 31.

9. pp. 103-104, fn. 246: Thé citation should be to Annes 115, and not to Annex 116.

10. p. 104, para 3.209: The text should read "6.", not '9.".

11. p.-105, para 3.213: The quotation should include the word "new" before t h e word "conçtructions" and the words "underground water, qualis of' before the words "surface water".

I

12. p. 131, para 4.49: The quotation should include the words "or ternporan'If' after "permanentlf.

13. p. 190, para 6.33: T h e citation should be to Annex 24, vol. 4, and not t o Annex 25. ,

14. p. 193, fn. 27: The citation should be to pp. 171-172, and not ta pp. 173-174.

15. p. 194, para 6.44: The words %hile the actual scope of the project is stiii unclear" shouId read "[whilel , . . the actual scope of the project is stiil unc1ear.j'

16. p. 261, para 9.07: For "31 Auguçtn read "1 September". , .

17, p. 323, para 10.111: The first line of the paragraph (top:line of t h e text) ia missing. It should read as follows: I

"10.111. As to the law of State succession, it is ~lear that the 1977 Treaty ie not a boundary treaty. Hungary had mught changes ta the ...".

18. List of Annexes, p. 507: The capüon for Vol. 4, anna 97, shouid read: *LETTER F'ROM MR JOZEF MORAVCDC, CZECHOSLOVAK MINLSTER FOR FOREIGN AFFAIRS nr MR. GÉZA J E ~ N S Z B Y . ~

Annexes

19. Vol 3, annex 11, p. 121: This annex should be deleted.

20. Vol 3, amex 22, p. 295: brt ic le 5 should read This Agreement enters into force on t h e same day as the Treaty".

21. Vol 4, annex 13, p. 27: "submission" shauld read "sub-commission" throughout the document.

22. Vol 4, annex 15, p. 32: The title of the document shouId read "Report for ..." and not "Report of ...".

23. Vol 4, annex 82, p. 151: In the first sentence of the third paragraph the words "Government is unable t o meet our request for a moratorium" should be inserted after the word "Czechoslovak".

24. Vol 4, annex 88, p. 191: In the First sentence of the letter the ivords "work of severing the" should be inserted before t h e mords ?Danube's î?ow".

25. Vol: 4, annex 95, p. 203: This docunient iç misdated; the original document iç dated 18 August 1992, and is identical: eo Annex 92.

26. Vol 4, annex 122, p, 274: This document is not ttie 19 July 1993 letter from Mr. Benavides referred to in para 3.213, p. 105, of t h e Hungarian Mernorial. Thae letter will be annexed to Hungary's Counter-Mernorial.

27. Vol 4, annex 143, p. 341: The document should be dated 28 March 1994.

In addition, due to a cornputer error in finalising the annexes, a number of translations of annexed documents were ovemdden by th6 penultimah version of the translation. In each case the document as quoted in vohme 1 of the hfemorial is the checked and corrected version of the translation. In no case is there any materiai difference between the version of transiation quoted and that annexed. This error afTecta the following documents: VaIume 4: annexes 3,4,24, 28, 86,96, 154, 156 and 157; Volume 5: annexes 2 and 3. The corrected translations of these documents wiIl be annexed to the Hungarian Counter-Mernorial.

Budapest, 6 September 1994

Sir,

Re: Case concerning the Gabcikovo-Namarris Proiect ~HunaarvlSlovakia)

1 refer ta your letter of 9 August 1994, fomarding a copy of a communication from the Agent of Slovakia dated 3 Avgust 1994. In that letter the Agent of SIovakia declined to provide to Hungary any documents except thxough the charnel of the Court, on the ground that "this is not the correct procedure for the submission of evidence in a case before the Court once both Mernoriais have been filed". This misconceives t he purpose of the Hungnrian request, which was t o gain access to certain documents refemed to by the other parîy with a view to determining whether those documents should be put in evidence before the Court as annexes to subsequent plendings.

Having regard, however, to the attitude of the Agent of Slovakia, 1 would be gratefd if you would ask him to provide, through you, a copy of each of the documents listed in the attachment to this letter. Those marked with an asterisk have already been requested from the Slovak Government but have not been provided. E wodd be gratefd if you would ask h m to provide each of t h e Iisîed documents as soon as possible.

Accept, sir, the assurances of my highest consideration.

Ifr Gyorgy Szénhsi Agent of the Republic of Higary

Mr Eduardo Vàlencia-Ospifia

The Registrar

International Court of Justice

Palais de la Paix 2517 KJ The Hague

The Netherlands I

Budapest, 6 September 1994

Sir,

Re: Case concemina the Gabcikovo-Nam- ~Hunp-ardSlovakia)

E have the honour to acknowledge receipt of your letter of 9 August 1994, fonvarding a copy of a communication fxom the Agent of SlovaHa dated 3 A u p s t 1994. J

Having regard to the comment; made in your'letter to the Agent of Slovakia of 8 June 1994, and in my letter of 23 June 1994 ta YOU, 1 see no point in continuhg the cor~eçpondence initiated by the Agent of Slovakia. My letter of 23 June 1994 responded to each of the points made in Mr Tomka's letter of 3 June 1094, and provided documents in suppoi-t of each of those reçponses.

Copies of the o r i ~ n a l documents amexed t o the Hungaiian &lemoiid have been depasited ivith the Court and a duplicate set fanvarded t o the Agent of Slovakia.

1 have replied directly t o Dr Tomka in relation to his letter of 3 August 1994.

Accept, Sir, the assurances of rny highest consideration.

Agent of the Republic of Mmgary , I

Mr Eduardo Valencia-Ospifia

The Registrar

International Court of Justice

Palais de la Paix

2517 KJ The Hague I

The Netherlands

I

66 l

-23 1

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1

\ MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF HLNCARY

l HEiID , rn ïmmvmonr~~ LAW B D ~ ~ T

J-8/B/2/1994

Budapest, 6 September 1994

1

Sir,

Re: Case canceiriino the G a b c i k o v o - N a m a m Proiect (Hun~arv/Slovakial: Erra ta t o the Huncrarian Mernoii al

I enclose a Iist of el-rata noticed in the Hungaiian hIenioilal. S have sent a copy of this Iist to the Agent of Slovaliia.

Açcept, sir, the assurances of my highest chsiderat ion.

Dr Gyorgy ~ z é n ~ ç i Agent of the Republic of Hungary

1

1

1

I I

i

1

1

1 I

I

I

Mr Eduardo Valencia-Ospifia

The Registrar

Internationai C o u r t of Justice

Palais de la Paix

2517 KJ The Hague

The Netherlands

*IO. 111. As ta the law of Stab mccession, it is clear that the 1977 Reaty is not a boundary trmty. Hungary h d aought changes ta the ...".

18. List of A n n a e s , p. 507: The eaption for Vol. 4, annex 97, sh~uld read: 'ZETTER FROM MR JOZEF A60RAVCW CZECH0StX)VAK MlNISTER FOR FOREIGN ~FFAIRS TO MR. G ~ A JESZEUSZKY."

Annexes

19. Vol 3, annex 11, p. 121: This annex should be deletea.

20. Vol 3, anrrex 22, p. 295: Article 5 should read 'This Agreement enters into force on the same day as t h e Treaw.

21. Vol 4, annex 13, p. 27: "submiçsion" should read "sub-commission" throughout the document. ,

22. Vol 4, annex 15, p. 32: The title of the document should read "Report for ..." and not 'Report of ...". I

23. Vol 4, annex 82, p. 151: In the f i rç t sentence of h e third paragraph the wordç "Government i ç unable to meet our request for a moratorium" should be inserted d e r the word "Czechoslovak".

24. Vol 4, annex 88, p. 191: In the first sentence of the letter the words "work of severing the" should be inserted before the w ~ r d s "Danube's flow".

25. Vol 4, annex 95, p. 203: This document is rnisdnted; the original document i s dated 18 August 1992, and is identical to Annex 92.

26. Vol 4, annex 122, p. 274: This document is not the 19 July 1993 letter from MT. Benavides referred to in para 3.213, p. 105, of the Hungarian Memorial. That letter will be annexed to Hungary's Counter-Mernorial.

27. Vol 4, annex 143, p. 341: The document should be dated 28 March 1994.

In addition, due to a computer error in finaiking the annexes, a number of translations o f annexed documents wete ovemdden by thé penultimate version of the translation. In each case the document as quokd in volume 1 of the Memorial iç the checked and corrected version of the translation. In no case is there any materia1 difference between the version of translation quoted and that annexed. This error affects the following documents: Volume 4: annexes 3 ,4 , 24,28, 86,96, 154, 156 and 157; VoIume 5: annexes 2 and 3. The corrected translations of these documents wilI be annexed to the Hungarian Counhr-Mernorial,-

MINJSTRY OF FOREIGN AFFMRS . . OF THE REPUBLIC OF HUVGARY

Budapest, 6 September 1994

Sir,

Re: Case conceming the Gabcikovo-Namaros Proiect ~HungarIISlovakia)

I refer to your letter qf 9 Auguçt 1994, fonvarding a copy of a communication from the Agent of Slovakia dated 3 Au,wst 1994. In that letter the Agent of SIovakia declined to provide to Hungary any documents except through the channel of the Court, on the ground that "this iç nut the ,

correct procedure for the submission of evidence in a case before the Cour t once both Mernorials have been filed". T h s m3scanceives the puipose of the Hungarian requeçt, mhich rvas to gain acceçs to certain documents referred to by the other party with a viem t o determining rvhether thoçe documents shoutd be put in evidence before the Court as annexes t o subsequent pleadings.

Having regard, homeyer, ta the attitude of the Agent of SIovaha, 1 would be grateful if you mould ack hm t o provide, through you, a copy of each of the documents listed in the attachment t o this letter. Thosa marked rvith an asterisk have already been requested from the Slovak Gove imen t but have not been provided. 1 ivould be gratefd if you rvo+uld ark him to provjde each of the listed documents as çoon as possible.

Accept, sir, the assurances of my highest consideration. m

Agent of the Repubric of Bungary

Mr Eduardo Valencia-Ospifia

The hgiçtrar

International Court of Justice

Paiais de la Paix

2517 K J The Hague

The Netherlands

Annex 25 I

COUR INTERNATIONALE DE JUSTICE INTERNATIONAL COURT OF JUSTLCE ,

PALAIS DE LA PAIX 2 5 ~ LI LA HAYE PAYS-BAS PEACE PALACE 2317 KJ THE HAGUE NETHERLAHDS T ~ L ~ P H O N E : 1070) 9022323 T ~ L E X : 32323 TELEPHONE: 1070) 9022323 TELEX: 32323

TEL~CA.: INTERCOURT LAHAYE CABLES ISTERCOVRT THEHAÛUE

T~LÉPAX: 10701 3849528 , TELEFAX: I07ûlS 84 80 28

I

91690 8 September 1994

1 have the honour ta refer to the collection of original-language texts, depcsited in the Aegistry on 25 August 1994, of documents presented as Annexes ta the Mernorial of Hungary in the case concerning t h e Gabcikovo-Nagymaros Project. I

It is not possible f o r the Regiçtry to make any detailed check of documents depasited in these circurnstances, in particular when the Registry includeç no staff acquainted with the relevant languages; but a provisional survey of the documents prompts me to r a i s e t h e following queries.

Volume 4, Annex 31; the original-language t e x t presented seems to be a fur ther cupy of t h a t presented as Annex 30, and n o t to correspond ta the English version submitted as Annex 31.

Volume 4, Annex 95; according to the note presented in the set of original-language documents, Annex 95 is identical to Annex 9 2 . The English texts of these two Annexes çubmitted are: n o t identical. Can you

confirm that t h e discrepancies are simply the result of variant translations, and say whkch English v e r s i o n ie ta b e preferred?

I

Volume 4 , Annex 142; the volume of original-language documents inc ludes an extra page, which does not appear to; be part of t h e document

1. (photocopy attached). 1s this page to be disreg,arded? , _

Mr. Gyargy Szénasi Agent of the Republic of Hungary before the International Court of Justice

Embassy of the Republic of Hungary The Hague

1

Volume 4, Annex 150; according to the English t e x t in the volume of annexes, the date of t h i e resolution ie 30 October 1989, but the Hungarian t ex t appears to be dated 27 October 1989. Which is correct, pleaee?

I am sending a copy of t h i a letter t o the Agent of the Slovak ~ e p u b l i c , for hLs information.

Accept, Sir, the aesurancee of my highest consideration.

&w flskL-4- 0

Eduardo Va b n . ~ r ç ï Registrar

l 72

l As you wilI aiready b i o w , thc pmige of sliipyirig oii UIC Daiiube çaoa! built

on the tenitory of the Republic of Slovakh has ceased due to teclmicd aid

oavigational farrltiç. Shce Novemhr 1992, wtien SIovakia tulrlateially and i u a

mamer conmary to Iaw diverted the waters of a 4 2 - h seelch of the Danube fjom iIie

t ~ d f n v of H u n g q , this canal lias beeu die sole naiemay fur tlie v& of some 40

st~ics thnt uavfgato t l io Dariutic. Wlien riiie tif 1Ilr: tivu s l i i ~ ~ l i i i g tricl;? bccxiiic iinusnble

on Fcbmary 11 as n result of an accident I;iiid renini~ is , f i i c i r l c i i ~ d ~ , urius.~ble to U&

day), the Htmgarian goremiicnl dre rv atteriiioit i i i ari offici~l giiverririieut srntement

also to the kchaicaily dmgerous riaLure of Ll~c a e g d colislruclioii works beuig

conducteci by SIovakia and to the possiliility of a l i renkr la i~~~ o l tfie second lock. Tl ie

Hungarian government sequested fiom rhe Slovak gqves~inierit 'at rhar ùriie au

assurance that navigation ori the sactcli concerncd w o h d rcruaiB possible for all

states. No substantive reply ro tl& r q u e s t bas becn reccired. As geoeralIy knan~i,

fiedom of navigation nn the Danube is guaratited for di counûies by international

law. The Slovak govermuerit diece€ure b a r s respunsibili@ for the sihiatio~ bat has

developd. Tt is regrettable that h u s e of the d;spÙte td&g place o v a the

constniction works on the Slovak canal and pawer s ~ n o n , rhe internaticinai public has

sa far regiçmed this çaçe simply zi ii bilaterd.rnattei, sinCe it seems ta bc n questioti

of much more thaa d i a l af fechg n great nlrriiber u l ! courilries. 'llic Hunghan

govemment coasidets ir justifid that the stafes adiit~irig i o die phcipIe of beedom

of navigation on the Daube - notably thnse wiuitli v e d l s ylying the Danube, and

above ai l those parties to the convention on the systerii ofiDarruh shippbg signed in 1

Belgrade iu 1948 - shauld cd upoo Slovalaa to crase its illegd actions and ensue

fietdom of navigation h e d i a t e l y .

Budapest, 23 Sepkmber 1994 \

Sir,

Re: Case concernlng Gabcikovo-Namaros Proiect I

(Hun~arrlSlovakia)

1 have the honour ta inform you that I have today sent to the Fkgistrar at the International Court i f Justice a Ietter, a copy of whch is attached. 1 also enclose, for your information copies of the accompanying documents refersed @ in that letter.

Accept Sir, the assurances of my highest consideration.

Dr Gyorgy SzénBsi Agent of the Republic of Hungary

Dr Peter Tomka Agent of the SLovak Republic Embassy of the Slovak Republic at The Hagne The Netherlands

1394 Budapest 8.2, PT. $23 Tel: 117.63.02 Fm: 117.77.33

Budapest, 23 September 1994

Sir,

Re: Case concerninp' the Gab&oWawmasos Proie6 @Iuu~arvfSlovaEd

1

1 have the bonour to acknowledge receipt of your Ietter dated 8 September 1994 and refer to your queries relating to certain original documents submitted to the Court in the case conceLning 'the Gabcikovo-Nagymaros Project.

y-ex 31. This annex was enclosed'h emor. The relevant text is fomarded with this letter.

V-The Thedoeent produced is a vjsiant translation of the same Hungarian language document propezly translated and produced as h e x 92. It was therefore produced in error and should be disregarded.

Volume 4. Annex 142, The additional page included i s not related to the a ~ e x e d document. It was produced in error and should be disregarded.

Volume 4. Annex 150. The correct text is fomarded with this letter. The correct date of the Resolutioa i ç 27 October 1989.

1 am sending a copy of tlüs letter together with attachments to the Agent of the Slovak Republic for his information. ,

Accept Six, the assurances of ny highest consideration.

Agent of the-&&blic of Hmgary

Mr Eduardo Valencia-Ospina The Registrar International Court of Justice

Palais de le Paix 2517 KJ The Hague The Netherlands

1394 Budapest 61. Pf. 423 1 Tcl: 217 63.02 Fu: 117.77.38 1

5-m/5/1994.

Budapest, 23 September 1994

Sir,

Re: Caae~ t h e G a o v o - Napymaros Proiect

I have the honour to achowledge receipt of your letter d a t d 8 September 1944 and refer to your quenes reIating to certain original documents submitted to the Court in the case conceming the Gabcikovo-Nagymaros Project.

-This annex was enclosed in error. The relevant text is forwarded with this letter.

95. The document produced is a vaiant translation of the same Bungarian language document properly translated and produced as Annex 92. It was therefore produced in e m r and should be disregarded.

Volume 4. h e x 142, The additional page included is not related to the amexed document. It was produced in error and should be disregarded.

4. The correct text is fomarded with this letter. The

O correct date of the Reaolution i s 27 October 1989.

1 ani sending a copy of this letter together with atkchments t o the Agent of the Slovak Repubiic for his idormation.

Accept Sir, the assurances of my highest consideration.

Agent of the Republic of Hungary

Mr Eduardo Valencia-OspGa The Registrar Internation4 Court of Justice

Palais de le Paix 2517 KJ The Hague The Netherlandç

COUR INTERNATIONALE DE JUSTICE INTERNATIONAL COURT OF JUSTICE

i",ALAIS DE IA FAIX 2317 KJ Lu\ 1-iAYC IDA=-BAS I'IS,i('II PALdV'E 2517 Y.1 'TI LI: HAGUE Nl?.TtliZi7l.~NDH

T~LEPHONII: [on) :1~22:l2:i ~lt1. t :~: :12:32:1 TBLEI'I IONE: (R71)I :?IYZ2:l2:I Ti?.I.&X: :1132:1

TI?LI~GI~.: ~ N ~ ~ P ~ I ~ ~ : o u ~ I~AHAYE c 'AoLlSS: INI'ISR(11I;HT TI-I EHAC:UB

TI~I.F?FAX: tom^ : I O ~ ~ ~ ) Z H r e ~ e ~ ~ x t inirii 3 ; i u m z e

27 September 1994

S i r ,

I have t h e honour ta acknowledge receipt of the following ':

communications, da ted 6 September 1994 and reçelved in fhe Registsy on 19 Çeptember 1994, in the case concesninq the

-:

- a letter No. J-8/B/1/1994 acknowledginq.receipttof the - Peputy-Registrar's letter of 9 August 1994 under cover of. which a copy of a l e t t e r dated 3 August 1 9 9 4 fsom the Agent of Slovakia w a s forwarded. t o you;

< - - a le t te r No. Y - B / B / 2 / 1 9 9 4 with enc losure , giving me a list of errata to

the Mernorial of Hungary; a

- a letter Ne., J-8/B/3/1994 with enclosure, referring to the aforementioned letter £rom the Deputy-Registrar dated 9 August 1994 and requesting the Slovak Government to provide to the Government of Hungary as soon as possible, through the Registry, a copy of t h e documents listed in Annex thereto.

Those communications were accompanied by a copy of a l e t t e r N o . 3-8/B/1994 dated 6 September 1994 and addressed by you to t h e Agent of ,Slovakia.

Mr. Gy6rgy Szénf i s i Agent of the Republic of Hungary

bafore the International Court of Justice Embassy of the Repubaie of Hungary The Hague

77

COUR INTERNATIONALE DE JUSTICE INTERNATIONAL COCRT OF JUSTICE

1 further have the honour to inform you that the ,resident of the Court, pursuant to Article 52, paragraph 4, of the Rules of Court, has given leave for corrections to be made to the Mernorial of the Republic of Hungary, as indicated in the list of errata annexed to your above-mentioned letter NO. J-B/B/2/1994. The Agent of Slovakia and the Mernùers of the Court are being anfonned of that decision.

concerning the reqyest for the provision of documents that is made in your letter No. J-8/B/3/1994, may 1 sefer the t w o Parties to the criteria already set out in my letter No. 91340 of 8 Jume 1994. 1 would fuxther point out at thlç stage that, while al1 forms of collaborat~îon between the Parties, whether in relation to documents or ta other matters, are eminently desirable in order to facilitate the hasmonious progress of the proceedingç, the only documents that are, as a rule, fonnal ly included in the case-file are those filed officially in the Registry in accordance with the relevant provisions of the Rules of Court.

In that regard, 1 would stress in particular that the documents adduced by the Parties in support of their contentions in application of Article 50, paragraph 1, o f the Rules of Court, m u s t normally be filed as annexes to the written pleadings in question, wlthin the time-limits and in the forms laid down for the filin9 of those pleadingç.

A letter drafted in similar terms is being sent to the Agent of Çlovakia ,

Accept, Sir, the assurances of my highest consideration,

COUR INTERNATIONALE DE JUSTICE 1 NTERNATIONAL COURT OF .JUSTICE

PALAIS Lie LA PAIX 5.517 KJ 1.n li,\Yl? 13AYS.BAS PI2At.E PA LnCK 2517 K.! Tl 113 1-l:\CiJE N E'1'I.I LIIII,,\NDs

T ~ L E P I ~ W E : (o?nf:!j~~zz:r::j TI>I.KX: :22:12:j . e TELEPEIONIJ: (070) :IiYZ2:I>:I TELES: :I2:IL:J

LECI^ CI^.: IX.I'ER(.I~IJII?-I.AI-I,IYIZ !-,\R[,.F:s: INI'T~IW-~>~.!IZT THEI I A ~ ; ~ I I L

T ~ L E F A X : 10701 :lG411!121 71.:1.1LI~i%X: IUT01 ÿU4f1U2~

27 September 1994

S i r ,

1 have the honour to inform you that, by a l e t t e r dated 22 September 1994 and received in the Reqistry on 23 September 1994 by facsirni le , the Agent of Slovakia, r e f e r r i ng ta Articles 31 of the Statute and 35 of t h e Rules of Court, notified the Court of his Governrnent's intention to choose Professor Krzyçztof Skubiszeusk~ to-sit as Sudge ad hm- in the case concerning the G a b c i k o v o - N a a w o s Proie&

v -y/Slo a k d ; the letter was accompanied by biographical details concerning Professor Skubiszewski.

In accordance w ~ t h Ar t i c l e 3 5 , paragraph 3 , of t h e Rules of Court, 1 furthes have t h e honour t o comrnunicate to you herewith a copy of rhat l e t t e r , as well as of its enclosure, and t o inform you t h a t the President of the Court ha$ fixed Thursday 2 7 October 1994 as the t i m e - l ~ r n l t w i t h i n which the Government of Hungary may present such observat ions a s i t may wish to make i n t h i ç respec t .

Accept, S n , t h e assurances of my hlghest conslderatlon.

Mr. Gy8rgy Çzénasi Agent of the Republic of Hungary

before the International Court of Justice E m b a s s y of the Repubiic of Hungary The Hague

Sir,

1 have the honour to infom you, pvrsuaat to Article 3 J of the Statue of the Court and ATüclc 35 of thc Rdes of Court, Qat the Oovernment of the Slovak Republic has chosen Professor Knysztof Skubiszewski as judge ad hoc in the Case concaning the Gabükovo - Nagymaros Project bet wem Hungay and Slovakia submitted to the Corn on 2 Juiy 1W3.

A brief biography of Professor Skubiszewski is enclosed herewith.

Acotpt, Six, the assurances of my highest considerarion.

Petm T o m k a Agent of the Slovak Republic

Mr. Eduardo Valencia-Ospina Reg istr ar Inrernational Court of Jusrice Peaee Palace 2517 EU The Hague The Nethdauds

KRZYSZTOF JAN SICUBISZEW~KI~ bom 8 ûctok 1926, in Poznan, Palmd, a n of Ludwik Skubiszewski, Professor of Medicine, and AnieIa née Leitgekr. In 1939 expelled from Poznan by the German mupying authohties.

1971 and 1979 1971-1W2 1973-

Pnvate rlementaq schrxil in Poman Secondaq ducation in Poman, Warww (1940-19U dandestine schml d h g G e m occupation of Poland) and Biala Podlaska (1945, Lyck cdficare) Faculty of L w aad Econornics, University of Poman (magister iuris) Docror iuns Europn University Centre, (Diplorna of Higher Euopean Studjes), University of Nancy, Fraicc Bavard Law School (Master of iaws) Dozent of International Law, Adam Michewicz UIiiversity, Poznrrn

Assistant Tacher and tecturer, Faculty of Law, Poznan University Dozent, Faculty of Law, Adam Mie!&wicz University, Poman (1961-1963 - Vicedean of that Faculv) Visiting Scholar, chm ml of Internationai Affairs, Columbia University, New York &fiAsal by Communist authorities (for political reasons) to appumt hm professor at Adam Mickiewicz University. Poeian Visiting Professor; Faculty of Law, University of Geneva Visiîing Fellow, Alf Sods Coiiege, Oxford 'hofasur, hstitute of Law, Polish Academy, Warsaw (at present on leave of absence) Lectures at the Univmities of Nohngbam and London: Internationai Facdty of Comparative h w , SWboug: Graduate Institute of International Studies, Geneva: CalIe&e of Europe, Bniges @elgium); I~iternational Law Clubs of Harvard, Duke and Oxford Universities; Max-Planck Institute of Law, Heidelberg: Universities of Vienna, Graz arld Paris II; Hmch Lauterpacht Mernorial terture, Cambridge (19851: Cynl Foster Lecture, Oxford (1990); Lord Wiiberforce Lecture, London (lm): Hugh Gaizskell Lecture, Notthgham (1992) Royal lnstitute of IntemationaI Affairs (Chatham

House), London (19921; Al1 Sods Coliege, Oxford {1992); Institut d'Etuda Politiques, Paris (19921; and nmxous 0 t h lectures in E-. Arnerican, Auûahan and Asian Tnsututes or Assoc;iations devoted to the study of intematirna1 affaars.

1981- 'Member, Cornmittee of Zegal Sciena, PoIish Academy 1989- Memkr, Council of the hstitute of Intemational Law, Kiel

University, Gemariy 1989- - Member, Polish Academy, Warsaw 1993- - Member, Curatorium, Hague Academy of Yntenrarional Law

Suice 4 Dec. 1993 - Member of the Iran-United States CIaims Tribüd. nie Hague Since 16 Feb. 1994 Presidmt of that Tribunal

1994 - Iudge ad hw, Case of &t Timor, Intemational Court of Justice, The Hague

12 Sept. 1989- 26 h i . 1993 1993-

Curator, United Nations Student Association, P o m , Foland Member, Programme Caunal, Lectures and Adult Education. Poulari Region, "Solidanty" Member, PrimatiaI Socid Council, W z u w Member, Co-ordinating Cornmittee, Polrsh-German Forum. representing the Secretaria1 of the Polish Episcopate Member, ConsuL.eative Councit, Chaiman af the Couricil of Srale, Warsaw

Ministcr of Foreign Affairs Memkr, Board of Tnistees, Voiuntary Fund for Technicd Cwperation, Centre for -Human Rights. U n i d Nations. Geceva

Mernkshh in Li#rned . .

- Society of Arts and Sciencm, Pouian Wgsteni Instimit. Po- - Entemaiionai Law Association (Potish branch) - Ametlcari Socieq of hhnatimai Law (Honomy member sin= 19911 - ht ih ir de Droit hmnafionaI

- S o c i d Française p u r le Drair IniernaUonal - Asmcbtbn "Henri CapimtU des Amis de la Culture juridique française - Poli& Academy - Azgentine Council of Intemationai Relations

- Oxford Society - C d r h g m Club. Oxford ''Soiida~@" (since 1980)

- P o l l t i d M u b ~ ~ a n d F r é e d o m " , P o m a n ( 2 9 8 8 - 2 ~

Jkzoratiuns Goid Cross of Merit (1977)

- Knight's Cross of the Order of Polonia Restituta (1986) - Cavaliere di Gran Croce, Ordine Piano (Holy See, 1991)

Grand Officier de la Légion d'honneur ( 199 1 j - GmCwdelaOrdendMeritodeChile(1991) - Grosolaeuz des Verdieaistorderis der Bundesrepublik Deutockl~d ( 199 1) - Order of the Dipiornatic & k i t of the Republic of Korea (1991) - Grand Cross of the Order of Qoionia Restitvm (1993)

Bk.2 Alexander von Humboldt Foundation re-h prize (19843 - Organic Work hrue, P o m (1992) - Fathcr ldzi ~ ~ s l c i Rizc, Catholic University of Lublin

- Warburg k t , Germany (19921, rcceived.together witb the French and German Foreign Ministers R. Dumas and H.D. Genscher

- Univcrsiti& of Ghent, Mainz, Tonno, Lihge and Geneva

Honorarr Titles Honorary Master of the &nch, Gray's Inn, London (IBO)

- Honorary Professor of the University of Bucharest (1993)

Has dme research on legai aspects of Poli&-Geman relations. in particdar the border berneen the hrro countries; use of force by sixtes and hw of med conflicrs: law ,of intemational organiJations; theûry of htemati~nal law, inclvding sources of thar law a d the ~Iatronship k t w m intemationai law and municipal law.

1. Pieniach na ~ y ~ c i u m okupawanym. Studium prawa miedr)rtiarodowego, w szcz~dlnoxi pmktyki niemi- (Mmcy in Occupied Tenitory . Shdy in intemational Iaw with *al rderenct tc Gemian pmcti,ce). lnstytut Laehodni, P o m 1960, 404 pagm.

2. Uchwaly praw~hvome organimji miedgnarodowych ( U w - W g Remlutions of Intemational Drganhtions) Poznmskia Towanystwo Pszyjaciol Nauk. Poaan 1965, 201 M W .

3. Zachodnia $fania Palski (Westeni Fmnrier of Poland). Instytut Baltycla, Wydawnictwo Monkit, Gàansk 1969, 63û pages.

4. Zachodriia mica Pol& w swietle traktatour (Western Frontier of Poland in the Light Of Treaties). Instytut Zachodni, Poznan 1975, 368 pages.

1 . Use of Force by States, Cdlective Security. Law of War and MeutraIity. Chapter XU in: Manuatnf, dieditor: M. Smrensen. Macmillan, London, Melbourne, Toronto, St, m n ' s Press, New York 1968; Trarirhhn in Spanish: Fondo de Cultura Economica, Mexico 1973. '

S. TsitmluctionandChapter 14: PolandandsomeotherEastern European Counhes. in: vidual and the State in Foreign Affair~, ditors: E. Lauterpacht and 3 . C. Collier.

Praeger Publishers, New York, ;London 1977. 3. Unilateral Acts of States. Ch. IX in Jnternaliond Lâw: A c h i e v e m e q g ~ P r ~ s p e ~ ~ s , di tor.

M. Bedjaoui. M. Nijhoff-Unesco, 1991. 4. Participation in numerous Evtschrifts.

I3WIm 1, Les techniques d'dhùoration des grandes conventions multilatdrales et des normes s w i -

Idgislatives intemationales (in çollaboratiiin, with Naris Bh). Insutut de Droit ~ntzrna&d. Annuaire, Vol. 57, 1977, part 11, S. Karger, Basel 1978. - .,

2. Resolutims of the General Assembly of the United Nations. institut de Droit IntemaBonal. Annuaire, Vol. 61, part 1. Editions A. Pedone, Paris 1985.

Articles 1 Some one hundtee articles on international law and relations published in journals and

collective works, inter & in "Przeglad Zachodoi" . " Czasopismo Prawno-Historyczne". "Banstwo i Prawo" , "Rmznik Pulskiej Poliryki Zagranicznej " , "Ruch Prawnicz? , Ebnomiczy i Swjologicuiy", " h ~ u a i r e Frands de Droit Internaûonai", "Arnerican Journal of hternationai Law", "Annales d'Eudes Internauondes": "Archiv des Volkerrechts", "British Year Book of Intmational Law", Cahiers Pologne-AIlemagnen. "Current Legd Problerns", "Europa-Archiv", " G m a n Yearbook of International Law". "Inmational OqanUation", "Jahrbuch f i r Lnternationales Recht", Miezdunarodnaja 7imm "Polirh Western Affairs" , "Polish Y earbmk of Intemational Law", "Revue GSnérale de Droit International Public", "Zeitschnft fur auslbdikhes Offentliches Recht und Vûlkznechtw.

km!s3 1. Les organisations dgionales. Nature et portee juridique des actes des organes non

juridictionnels dans Ies organisaüoris d'inttgration économique et de nature politique des pays de l'Est. F ~ u f t é intemationales pour I'enseignenieiit du Droit comparé. Strasbourg 1966, pp. 69.

2. htematlonal h w and Municipal Law. Hague Açademy of International Law. 1993.

J-8JB/511994.

Budapest, 29 Septmber 1994

Sir,

Re: &se concernin~ the G a b c i k o v o - N a m P r o i e c t

1 have the honour t o request through the charnel, of the Court, fron the Agent for Slovakia, detailed data on dredging in the Slovahan Danube section. W e require information referring to the Danube reach frem the Austrian border down to Rajka Irkm-18501.

Specificaily we request information 'regardmg the yearly grave1 volunes dredged off the riverbed for the period 1950-1992 distinguishing between navigation4 (ford) dredging, industrial dredging and dredeg for other purpos,es.

I would be gratefd if you would ask the Agent for Slovakia t o provide the above information at his emliest opportunity.

Accept, Sir, the assurances of my highest consideration.

&. ~ y o r g y ~zénasi ' Agent of the Republic of Hungary

EAr Eduardo Valencia-OspiGa The Registrar International Court of Justice

Palais de le Paix 2517 KJ The H~tgue The Netherlands

1394 Budapest 6 4 Pr. 423 , Tel: 117.63.02 Fu: 117.77.33

PALAIS DE W PAIX 2517 KJ LA HAYU PAYS-RAS P E M ' 6 PALACG 2517 Ll THI: HAGIIE NETHERLA\DR

TEI,~PI IONC: tom1 n i w i : i ~ : ~ r~?.t.~x. a~:izrr TELEPHONE. ( I )~o ) 3r~z2.va.i .rELEx 3233~

T ~ L ~ C F I . . IM'EHTOVRT LAI~AYE [:ABLES; ~~*-TCRLOL.I~T THEHACVE

TÉLEFAX: 1070) 304 niiia TEI-EPAX ( 0 7 ~ 1 3 84 9928

3 October 1994

S i r ,

1 have the honour to acknowledge receipt of your letter with enclosures, dated 23 September 1994, referrlng to mine of 8 Septernber 1994 and concerning the collection of original-laquage texts, deposited in the.Reqistry on 2 5 August 1994, af documents presented as Annexes to the Mernorial of Hungary in .the case çoncerning the Gabci)covo-Navaros Pro3ect ( W s a r y / S l o v a W .

Due note has been taken of the observations contained in your letter, as ne11 as of the corrected original version of h e x e s 31 and 150 which accompanied i t .

I furrher have the honour to acknowledge receipt of a copy of a communication dated 23 Septewher 1994, under cover of which you transmitted a copy of your above-mentaoned letter and enclosures to the Agent of Slovakia. 1 have myself addressed a copy of t h e same l e t t e r to the Agent of Slovakia.

Accept, S i r , the assurances of m y highest consideration.

Z&,A /+Zr&&-,, 0

E d W Y dlencia-Osplna Registrar

Mr. Gyorgy Szén6si Agent: of the Republic of Hungary

before the International Court of Justice Fmbasçy of the Republic of Hungary The Hague

COUR INTERNATIONALE DE JUSTICE INTERNATIONAL COURT OF JUSTICE

PA~RIS DE sa PAIX Z E S ~ KJ LA HAYE PAYS-BAS PEACE PALACE mn KJ THE HACLE NETHERIANDS

T ~ L ~ P H O N E : 1 0 7 ~ 1 W~Z:C:# TELEX: 32323 TELEPHONE: (Wa) 3Wd:iz:i TELEX. 3 Z w

r l u i ~ n . : iwre~cnum LAI~AYE C'ABLES: SNTE;RCUL~RT THEHAGUE

T É L ~ P A X : 1070) 394HOBCi TELEFAX: 1070) 3 R4 80 2 8

1.3 October 1994

S i r ,

I have the honour to acknowledge receipt of your l e t t e r dated 29 September 1994 and received in the Registry on 4 October 1994 in the case concerning the G a b c a k o v o - ~ a g y m U o ç & l & . A

copy of that letter is being sent to the Agent of Slovakia.

Concerning the reqvest for the provision of cer ta in data that is made in your letter, may 1 refer you to the content of the l e t t e r of the Registrar No. 91867 of 2 7 September 1994, which you would have cer ta in ly received In t h e meantime.

Accept, S i r , the assurances of my highest consideration.

Deputy-Registrar

Mr. Gyôrg)r Szdndsi Agent of the Republic of Hungary

before the International Court of Justice Embassy of the Republic of. Hungary The H a g c i e

Sir,

Re: Case conwrninp the Grsbcikovo-Nmnutros Praiect finau- ISIovakia~

Z have the honour to acknowie&e receipt of your ktter of 27 September 1994 in which you inform m.e of the intentton O the Government o the Slouak RE ublic to C ~ O O B ~ Professoi II-ysztof Qkw iszewski to sit as A d g e pd- hm in fhe o boue case.

g

Ma P inform ou, Sir, that m Gouernment welcoms this choice and hos no ot&r obseruagon to m a h Ln Ais respect.

A c ~ p t ~ Sir, th assurances of my highest consideratton.

\

1394 Budapest 62, Pf. 429 Tel: 117.63.02 Fax: 117.77.38

Mr. Eduardo Valencia-Ospi na

Int rnatwnal Court of Justice paf& de la Paix

251 7 KJ The Hague The Netkrlands

D m Dr, Szhhi ,

With reference to your letters of 6 and 29 September 1994 respectively, 1 wish to advise chat although Slovakia does not regard the correspondance with the Registrar conceming the proper observance of the Rules of Court to be, as you put it, "procedural wrangling", I fully accept the idea that exchanges between us should corne to a halt while we get on with the preparation of Counter - Mernorials

/

Yourç sincerely,

Peter T O rn k a Agent of the Slovak Republic

Dr. Gy6rgy Szénbi Agent of rne Republrc of H.ungq Ernbassy of the Republic of Hungary The Hague

88

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Shh United li~tiiin.c Plaza. Suite 585. Ncx i'iirk. 5.I.. llX117 Tcl.: ( I l ? ] YS0 1558. RI

October 3 1, 1994

Sir,

I have the honour to acknowledge receipt of your letters of 77 September nad 13 October transmirting the copies of the Ietrers from the Hunganan Agent of 6 and 29 September respectrvety.

1 have adressed both letrers directly In my letter to the Hungarian A p t , a copy of which is enclysed herewith for your information.

Accept, Sir, the assurances of my highest consideratron.

Peter T o m k a Agent of the Slovak Republ~c

Mr. Eduardo Valencia-Osprna Registrar International Court of Justice Peace Palace 2517 KJ The H a p e The Netheriands

Annex 35

PROTOCOL ON THE NEGOTlATION OF THE GOVERNMENT PLENIPOTENTIARIES OF THE H ~ G A P ~ A N REPUBLIC AND THE CZECHDSLOVAK REPUBLIC HELD IN BUDAPEST ON 15-1 7 JUNE 1977 ON TkiE SUBJECT OF THE PREPARATION FOR THE IMPLEMENTATI~N OF THE GAB~~KOVO-NAGYMAROS

HYDROELECTMC POWER PLANT - EXÇERPTS AND ATTACHED REPORT, 17 ]UNE 1977

[Excerpts ornittedl

The govemrnent plenipotentiaries discussed the following issues:

[Excerpts omitted]

4. Issues related to the old Danube bed.

Point 4. Issues related to the ald Danube bed

The Hungarian Governrnent Plenipotentiary gave the information that he will submit a report to

Govementai bodies on the planned establishment of the Danube bed and its impact on the

environment in the f r m e of the preparation of the barrage system.

The Czechoslovak Plenipotentiary takes notice of the Hungarian party's proposa1 with agreement.

The proposal is included in [atiached report].

[Excerpts omirted]

Budapest, 17 June, 1977

Plenipotentiary of the

Hungarian Government

Plenipotentiary of the

governent of the CSR

~ Report

on the issues of the old Danube bed

i The Hungarian Government Plenipotentiary informed us that according to the relevant resolution

I of the State Planning Committee, the Hungarian experts have repeatedly reviewed the impacts

I deriving from the decrease at the water discharge of the old Danube bed in the Szigetkbz and the

possibilities of the elimination of unfavourable impacts, and established the following standpoint:

1. In the section of the concerned Danube bed the river branches will be closed, and on the basis

of the plans their permanent supply with living water will be ensured. Therefore a more

favourable permanent condition will be established instead of the present changing ground

water situation, The planned measures will decrease the unfavourable impacts on the

bottomland forests. The ground water condition of the agricultural areas will be improved.

The bottomland flora and fauna remains practically unaltered.

2. kt is possible to build in underwater weir in the old Danube bed. With this solution on the

basis of operational experiences such water levels might be sustained which are equal to the

small water condition before construction.

3. In the middle third part of Szigetkoz in the concerned areas, the decrease of groundwater level

might occur. The lacking water will be supplied with irrigation systems in the f i m e of a

national investment.

4. The common operational rules plans the operation ofthe DunakjIiti weir in a way, that in case

of necessity in growth season a 200 m3/s water discharge rnight be introduced into the old

Danube bed, with the posçibility of temporary fiushing.

The Czechoslovak Government Plenipotentiary agreed to the above suggestions. The Govenunent

Plenipotentiaries ordered, that the plan shoutd take into consideration the suggestions.

Budapest, 17 June 1977

Annex 36

PRESIDENCY OF THE HUNGARIAN ACADEMY OF SCIENCE, POSIT~ON PAPER CONCERN~NG TI-IE SCIENTIFICALLY DEBATED QUESTIONS OF THE G~D~~KOVO-NAGYMARos BARRAGE SYSTEM,

20 DECEMBER 1983

The scientifically debated questions related to the construction of the GabEikovo- Nagymaros Barrage System (GNBS) can be classilied into four groups:

1. political, 2. techicai, agricultural, hydraulic construction and transport, 3. economic, 4. environmental and regional planning problems.

This classification is rather arbitrary, but it correlates the most closely selated factors. Undoubtedly the four problem groups are evenlually in interaction with each other. As far as the details are concemed the Presidency of the Hungarian Academy of Sciences did not want to deal with th: details of materials discussed earlier and it did not have the intention of analysing once more the standpoints clearly stated in these rnaterials. But it considers it its task to draw attention in his report to the activitieç related to the scientifkally debated questions of the GNBS.

The standpoints of the Presidency:

- should be further ànalysed using scientific thoroughness and - are directed to the factors for irnplementation after the deciçions have been made.

The present standpoint of the Presidency does not deal with the political questions which might occur in the classifications mentioned above, because it was not authorised, however the Presidency notes, that the analysis of this topic - which it deemed to be necessary, - has not yet corne to its notice.

The Presidency forms its position giving consideration IO:

,- the earlier inter-govemmental agreements concerning this matter which might limit the possibilities of making decisions,

- the fact also has to be taken into account that the general danger to the environment, especially the groundwater, surface waters, and the decline in the guality of soils shows a worse tendency than predicted,

- becauçe of the critical world economic situation the priorities of the country have to be radically reconsidered in other fields as yell.

The Presidency when foming its standpoints takes into consideration the documents that raise questions to be answered, because the clarification of these questions p ior ro the supposed construction stepç of the GNBS is justified, necessary and possible. These can be surnmarised as follows:

1. The Joint Contractual Plan did no1 deal wiîh the environmental impacts and consequences of the GabEikovo-Nagymaros Barrage System. (This job was done upon the request of the SPC (Scientific Political Cornrnittee) only in 1982, when the general secretary of the Hungarian Academy of Sciences with the contribution o f experts prepared an analysis.) So far no survey has been done which would have inrestigated them systematically and çonsidered the

{interactions of the technical, ecological, economic aspects and the risks attached to them.

2. According to the examinations carried out so far the seal or supposed environmental darnage coming from the GNBS construction cm be decreaçed with a great probability or cm be avoided with the help of further investments that are not or only partly in the joint inveslment budget. The prevenlion of the environmental damage - if they are caused by the GNBS project and represent not only the interest of one party - can not be consideted a task that exçlusively financially burdens the pasty where investment, necessary for prevention, has to be made. AIE the necessary collateral investments have to be taken into account too and in many cases they have to be implemented prior to basic construction. Considering these facts the following requirements have to be satisfied by further research, planning and construction activities:

ai The pollution of the water of the Danube and changes in the biological conditions'must not endanger, not even in the long terrn, the drinking water supply - mainly based on a bank filtered system - of the region and Budapest. Far this reason the waste water of the..catchrnent area aIso has to be biologically purified, prior to the putting into operation of the Dunakiliti-HmSov reservoir.

bl The productivity of the agriculture and forests of the region and the possibiliry for their gmwth have to be preserved.

cl The regional planning benefits especially the recreational possibilities arising from the large scde construction provided options which have to be utilised.

dl The biologiçal degradation of the old Danube water - and its tributaries - has to be avoided and the characteristics worîhy of a boundary river have to be ensured providing, at the same time, continuous operational conditions for a well designed navigational route .

3. In order to fulfil the set of requirements mentioned in point 2 a comprehensive environmental impact assessment has to be prepared within two years. In this the whole effect rnechanisrn of the GNBS and its environmenta1 elements has to be analysed, and, with this, the technically and economically Favourable solutions have to be found whicb entirely enforce the regional approach. On the basis of this study an economic evaluation including al1 the environmental impact has to be prepared. The study has to be carried out in CO-operation with the relevant Czechoslovak institutions. ,

4. A comprehensive environmental monitoring system has to be developed along the Danube stretch mentioned - as in the case of Lake Balaton - which is capable of continua1 observation for changes in environmental conditions with a special regard to the forecasting of modifications related to the drinking water supply.

5 . In support of the suggested environmental impact assessments certain research has to be cornmenced with special dispatch. These are first of all:

- the elaboration of the rnethodological directives and contents of environmental impact studies,

- examination of the expected hydrobiological changes in the Dunakiliti resenioir,

- the delineation of the nature consemation area serving for the preservation of the present ecosystem and the analysis of the conditions for its protection,

- analysis of the environmental and energy management impacts of the peak operation of the GNBS with special regard to the changed circumstances,

- a survey of the agricultural productivity of the GNBS impact area and preparation of lithological, pedological, soi1 moisture balance and geomorphological maps,

- the groundwater control, and analysis of the impacts on agriculture and forestry caused by the 'in situ' infiltration system and its utilisation,

- analysis of the biological, pedological and technical questions concerning the repeated inundation of the forests in the flood plain,

- an overhaul analysis of regional planning possibilities anising from the large scale investment of the GNBS.

These examinations have to be planned and carried out where the necessary intellechial resources and experiences are available and the research cosrs need to be guaranteed.

6. On the basis of the experiences brought by the planning of the GNBS, the modification of Resolution 34 /4974 .N111 .6 . / ~~~ and Joint Resolution 311974.NIII.6.E NP-FM~ on its enforcement is advisable. The modification would generaliy mean, h a t the environmental impact assessments should be done - as an integral part of the declsion making - together with Ctie planning of every productive investment in the future.

(The 1-6 points are practically equal with the Resolution of the Council of National Environment and Nature Protection made on 21.06.1983)

7. The investment has to be analysed from the point of view of the situation, the capability and possibility of the participating national economy and so a total costhenefit analysis needs to be completed. Only the 50-60% of the planned investrnent is justifiable through the productions of electric energy.

1 CM - Council of Ministers

2 NP - National Planning Office

FM - Finance Minister

al The further portion of the planned expenditure would not be made profitable by national navigation while agriculture and flood protection would likely produce a greater benefit faster and with much less investment.

bl The interests of navigation would get more attention if the navigation route - as a theoretical possibility - were completed with harbours, loading machines and in addition a clarification of our possibilities for açcess to the Rhine-Main-Danube systern and seaports .

cl The 30 billion Forints to be borne by the Hungarian party calcuiated by the plamers in the investment proposal of the GNBS - which merely because of price changes, would be increased signifiçantly during the project construction - does not contain unmentioned but unavoidable installation costs (such as the regulation of the Old-Danube, purification of the waste water of the region, etc.) which have the same order of magnitude. It is doubted that such an amount, considering the tight investment resources, can be spent on a barrage system which will optimalty provide electricity only in 1993.

8. It is unavoidable to analyse the GNBS construction from a macro economic point of view with scientifrc accuracy. Points in this analysis could be the following:

al In the longer t ems the Hungarian econorny needs to carry on an economic policy hased on re-establishment of balance and ensuring the solvency of the country.

bl This policy has to be implemented in a globally very sophisticated world econornic situation whiçh is especially difficult for Hungay. As a consequençe of this, the main economic policy objectives are the increase in the marketable and economic export capacities and the rational replacement of imports, namely those which directly influence the export irnport relations.

cl Because an increasing part of our national income will leave the country over the coming decades (debt payment, exchange rate depreciation also in the socialist foreign trade, investment contributions), only a decreasing portion can be used at home, which means, that our investment possibilities will be tight over the longer tem.

dl Considering the Hungarian conditions primarily the development of the processing industry is necessary. This conclusion can be drawn from the mistakes of the pas1 thirty years development policy, nmely an exaggeratedly great portion of our equipment, even after 1957 approximateIy 70% was oriented towards material and energy production. The structural changes desired can be expected from the development of the processing industry, and only this can provide a growth in exports. At the sarne time we are in the middle of another technical, scientific revolution where not only the developed countries çan increase their already existing advantage but certain, rapidiy developing industrial countneç can overtake us. It is doubtful in çuch circurnstances, that a long term jnvestment, which onEy consumes and freezes considerable productive forces and financial resources over one and a haIf decades, is allowable. .

el In the case of a commencement and during the investment, sigriificant foreign and domestic economic disturbance can be caused, because it is apparent, that in the era of debts, threatening even the international financial systern with collapse, the international bank system is

not willing to support the liquidity of countries (economies) which initiate investments with a low productivity.

9. The Presidency of the Hungarian Academy of Sciences considers it desirable that when the political and govemmentai ieadership considerç the further destiny of the GNBS investment, in addition to the international and interna1 political connections and çonsequences, the debated technical, economjc and environmental scientific questions have to be considered. Taking into account the factors considered and not considered the Presidency considers that a sipificant delay of the inveçtment, execution of appropriate substantial modifications, but above. al1 cancellation of the investment is justified.

10. On the basis of the teachings of the investment, the Presidency considers it necessary that the governent prior to significant decisions, which influence the entire society and the whole economy, the opinion of the most qualified people and also institutions which are capable of an objective standpoint based on scientific analysis has to be asked.

20 December 1983, Budapest

Lénitrd Pal JAnos Szenthgothai General secretas. of the HAS President of the HAS

Annex 37

LETTER FROM JOZSEF WAI, HUNGARLAN DEPUTY PRIME ~ I S T E R , TO JANOS SZENTAGO~IAI, C~WRMAN OF THE HUNGARIAN ACADEMY OF SCIENCES, 19 -CH 1984

Dr. Comrade J h o s Szentigothai, Psesident of the Hungarian Academy of Sciences

.* . Budapest

Dear Comrade Szentigothai,

The President of the Governrnent fonvasded the documents to me and thus 1 have been able to study the position taken by the Hungarian Academy of Sciences with regard to the scientifically debated issues concerning the Gabeikovo-Nagymaros Barrage System.

1 consider the Position Document of the Academy extremely significant, partly because the Psesidium of the Academy is the highest forum in OUT scientific life, and partly because the construclion of the barrage çystem is a matter of great importance which will always demand from the Government decisions that are to be taken with the vtmost caution.

I consider it to be my duty to inform repeatedly the corntade President about the steps taken by the Government, and to remind you of the requests that we made to the Academy of Sciences, for the very reason that in making our decisions we wished to rely on the work of the scientific institutions governeci by the Academy. We wish to continue to do sa during the future construction of the barrage system.

Following several decades of preparatory work, the Government signed the contracts for the barrage system scheme in 1977. Undoubtedly our prognosis about Our economic resourceç and the investment possibilities was not made subject to the conditions that evolved later, but we judged these types of difficulties to be merely temporary. Therefore, we signed a supplementary treaty with Czechoslovakia. The essence of this treaty was that al1 Uie initial work, including Our

share, would be done by them, and we would onIy start investing at the beginning of the 1980s.

Early in 1981, considering that the difftculties of our economic situation proved to be lasting, we attempted to obtain agreement for the cessation of our investments until 1990, and we started the relevant talks with Czechoçlovakia in February 1981. Our principal reason was economic, but we wished to appeal to the inevitable research on the ecological effecrs. That is why already in March, comrade Borbandi appealed to you (enclosed), and requested the support of the Hungarian Academy of Sciences, which would have strengthened our negotiating position.

The Acaderny of Sciences' cornmittee, created following c o m d e Borbandi's sequest, has not offered such support. This has been demonstrated by your M e r s addresçed tu me in December 1981, in which you forwarded the Petrasovich report, and the seçeivations in connection with that report held by the director of the Botanical research instinite of H.A.S. In

With our Czechoslovak pmners we agreed that during the period of future construction both parties, will be ready to consider al1 well founded and reasonable suggestions that emerge in connection with environment protection. Similarly, both parties judged the close CO-operation of the Academies necessary for this purpose.

On the basis of these facts 1 hope that the cornrade President would agree with me, that the Governrnent, given the available knowledge and possibilities, acted with deliberation and that it wished to protect the country's political, economic, environmental and niml development interests.

1 would like to inform the comrade President, that under the CO-ordination of the National Water Conservation Bureau, al1 the work that is described in the 21 st June 1983 mling of the National Council of Environment and Nature Conservation, and which the Presidiurn of the Academy refers to in i ts documents, are under way.

1 cannot avoid returning to some specifiç observations of the Position Document of the Presidium. Fust of all, 1 would like to point out rhat the Document - apart from confainhg drafts of general requirements - prescribes a prioritised list of research projects that in my opinion should naturally have been completed prior to the signature of the agreement between the States, but these should in any case have been restarîed at the Iatest on receipt of cornrade Borbandi's Ietter of March 1981.

The Presidium formed its position in view of the fact that "the general threats to the environment, especially the drop in quality of the sukiterranean and surface waters and arable soil, shows worse tendencies than was forecast". I must observe that I do not have knowledge of a forecast showing worsening tendencies. This kind of prediction should be based precisely on the research done by the Institute of the H.A.S.

There are no further studies proving this. Although 1 do not consider it to be decisive, the latest research on based domestic and foreign observations show that in these type of barrage systems the quality of the outflowing water is better than that of the water entering into the reservoir.

In the second point of the Position Document it is proposed that the costs of environmental darnage should be shared with the Czechoslovak, since these payments should not be made solely by the party whose territory is involved in the repair work.

l In the treaties the shared costs do indeed involve the projects that are part o f the barrage

system. A number of these projects cannat be separated fram the envisonmental protection schemes, (protecting works, protective covering of the riverbank, part of the overflow systems etc.), but the majority of investments for this purpose are classified as so-called national investments. For example, the rnost important national investments in our territoq are the construction of a so-called overflow system that would serve to control the groundwater of Szigetkoz and the building of the regional watenvorks that would provide a supply of drinking water. These investments and, of course, many more of the smaller projects that are not listed here, are contained in the full investment forecast.

National investments with a similar purpose are also necessay on Slovak territory, the readjustment of the watersupply in the Kisalflild, etc. point surveys show that their national investment is several times greater than ours. But these investments mean for both partners that

they cover projects thai have both a preventative purpose and help to develop the infrastructure. In the light o c these facts we can safely say that we have no substantiated daim against Czechoslovakia.

The Position Document contains a detailed account of the necessary investment, and the criticism is made that this is not contained in the investment forecast of zhe G.N.B.S. The expenditure necessary for creating a new infrastructure in the region involved , the development costs of agriculture and forestry and the sums assigned to creating bener conditions for recreational purposes are no2 contained in the budget. These costs are indeed related to the construction of the water barrage system but they are only additional possibilities resulting from the project, and are partly independently necessary investments.

The second point of the Position Document contains recomendations for this type of investment. In general, I agree with these recomendations and 1 think the implementation of hem, if feasible, gradylly will be done.

However, 1 would iike to highlight two of the recommendations.

- It is suggested that "the waste-water of the reservoir area should be biologically cleaned before the opening of the Dunakiliti HruSov reservoir." Naturally, 1 agree that our count$s waste-water treatment system is quite old-fashioned and that a substantial part of the waste-water should be biologicdly cleaned. But 1 cannot agree that the waste-water of the whole reservoir area cm be biologiçally cleaned at such short notice, or that it is absolutely necessary. Both countries pledged to solve the problem of keeping the environment free of waste-water so that rather than causing further damage to the Danube, the water quality would.be improved as Far as possible We know that in Czechoslovakia, in the region involved, there are considerable projects under way to build new waste-water treatment planis. Our objective is to camy out the construction of a waste-water treatrnent plant in GyBr that has been planned for a long time. But 1 must emphasise again that ii has not been scientifically proved that the building of the G.N.B.S. would worsen the quality of water, Nor has it been proved, in particular, that the water supply of Budapest, for example, is endangered. Therefore - not mguing against the need to extend the waste-water treatment process - at this point 1 do not find sufficient grounds for the inmediate implementation of investments of this size.

- The same point of the Position Document refers to the need for providing conditions for a continually operated, "realistically planned shipping route." The fuifilment of this recommendation is impossible. Creating a by-pass canal in the Old Danube will not provide sufficient quantities of water, to make shipping possible. It is a known fact that during low flow periods on this reach of the Old Danube shipping can only be maintained by almost continual dredging. The need for maintaining conditions for constant shipping cannot be justified either. There are no s e t t l e m e ~ or economic activity on this srretch of the riverbank that would require constant shipping. Seasonal shipping is possible on the Old Danube. But this would only be necessary if, due to some catastrophe shipping were not possible on the by-pass canal.' In such cases the 24m wide ship-lock built into the Dunakiiiti weir and the: introduction of sufficient quantity of water would make temporary shipping possible. The trafic of low-draft boats of course - especially after riverbed relocation - will be always possible.

The 7th and the 8th point of the Position Document addresses the economic questions concerning the water barrage system.' The examination of these questions had already been finished in the preparation phase of the investment. Naturally it cannot be claimed as indeed is the

case in any significant investment that a sludy of itJ econorni~ benefits should not be repeated again and again, even if - in spite of new recommendations - there is no possibility for reverse changes. These types of decisions are such that, with time the implernentation is either under way of completed, and so has to be taken as given. We only realistically expect to adjusl the irnplementation or operation of projects that are already undervlray or completed to various conditions.

In the future as well as in the past, the Govemment wishes to take al1 measures possible in our given economic circumstances so that the problems conceming the currently constmcted water barrage systern should not obslruct the implementation of our econ~mic policy, or at least disturb it only to a tolerable extent. 1 do not wish to daim that the construction of the water barrage syslem is according to our present judgement uneconornical, but it is certain thal if we had to decide about its irnplementation today, considering our poor investment possibilities, we probably would postpone this investment. (We would probably make the same decision in relation to some investments that have been implemented recently or about one or two investmenb that are jus1 in the process of being implernented, provided that their postponement would not cause greater damage than their implementation or operation. As is known, the Govemment - after due delibdration - does not shrink back from decisions to stop investments already under way. Examples of this are the power station in Bicske, the mining on the copper-site in Recsk and the water barrage system in Csongrad.)

The main line of the ecanomic policy of the Governent is identical with the goals detailed in the Position Document. Increased export capacity, sensible replacement of impons, the development of manufacturing industry togelher with its specjally requested structural changes, these are goals that we will support in every possible way. The Govemment has for years refrained from slow retum investments. But it has io be acknowledged that Our country's situation does not make it possible to avoid using aur natural resources, amorig them our energy resources. The production of certain basic resources should be increased for the very reason that Our manufacturing industry should not be dependent on increasingly costly imports. I am only detailing this in order to point out that although we cm indeed blarne the "developrnent policy of this third of the century" for using too large a proportion of our resources for raw material and energy production, but given the circumstances, the impIementation of the water barrage system rnay be a burden, but it does not shake our economy to the extent deçcribed in the Position Document.

1 attended to the questions relating to the constniction of the GNBS in my last - 2 March 1984 - letter to the cornrade President (encl.), so it would be needless to retum to them.

The Position Document of the Presidium of the Academy finds the postponement - or preferably the halting - of the investment for a considerable time justifiable. In my view, on the basis of the facts presented, this is not possible and not even justifiable. The Presidium aIso has 10 consider, firstly the current situation and secondly, that the arguments of the Presidium are no1 supported by scientific research (although the Govemment repeatedIy requested that they be carried out) but only by anuieties. The anxieties listed in the document are supported almost entirely by differing scientific and expert opinions which so far have not been checked against, or conhnted with each other at a scientific Ievel, or even to the level of our current knowledge. 1 find it natural that the government- will do everything in order to validate well-founded and justifiable changes to the content - as soon as we receive such arguments. For this 1 repeatedly and hereby request the firm support of the Hungarian Academy of Sciences and its institutes.

1 can assure the comrade President that in evefy important question the governent will always request the opinion of the scientific representatives and will t&e these fully into account when making its decisions.

Budapest, 19th M a c h 1984.

With Comradely Greetings

[Annexes Omitîed]

Annex 38

PROTOCOL ON TI-FE NEGOTIAT~ONS OF THE GOVERNMENT PLENIPOTENTIARIES OF THE UUNGARIAN PEOPLE'S REPUBLIC AND THE CZECHOSLOVAK SOC~ALIST &PUBLIC CONCERNWG CO-OPERATION ON THE CONSTRUCTION OF THE GNBS HELD IN BRATISLAVA ON 13- 14 JUNE 1985, 14 JUNE 1985

The list of delegales is contained in Annex no. 1 of this protocol.

The Governrnent Plenipotentiaries agreed to discuss the following issues:

1. The plan of the construction tasks for the year 1985

2. The sefinement of the detailed construction schedule of the Dwiakiliti Weir

3. Information provided by the leaders of the Joint Operational Group concerning the examinafion of suggestions relating to tPie modification of the technical solution of the tail race canal

4. Report on the activity of the Joint Operation Croups

1. The plan of the 1985 buildin~ tasks

The plans for the building tasks for 1985 are contairied in h e x No.2. The Government Plenipotentiaries acknowledge the plan and c o n f m that the quantiw of work is in accordance with the approved building scheme. The Plenipotentiaries of the Govemments are setting out the tasks for the leaders of the J.O.G. so that during the 3ext plenipotentiary negotiations they cm submit their recommendations for the budget schedule for the years between 1986 and 1990 both in Czech Crown and in Forints, broken down into yearly budget plans.

2. The refinernent of the detailed consrniction schedule of the Dunakiliti weir

The Governent Plenipotentiaries have discussed the report of the leaders of the J.O.G. concerning the refinernent of the construction schedule of the Dunakititi weir. They observe that in accordance with the protocol of the XX. session of the Hungarian-Czechoslavak comrnitiee on economic, scientific and technical co-operation, the schedule provides for the timely commencement of operation of the GabEikovo power station.

The reporî of the jeaders of the Joint Operational Group is contained in Annex 3.

The Governent Plenipotentiaries approve the revised scheduie.

3. Report ~ i v e n br the leaders of the J.O.G. about the consideration of recommendations for the modification of the technica1 solution for the tail race canal.

The report is contained in A m x 4 of this protocol.

3.1 Concerning the recommendation for the modification of the tail race canal-bed level the plenipotentiaries set out the objectives that the leaders of ihe J.0.G shouid:

- finish their planned research and studies by the end of 1985.

- at the level of the Joint Contractual Plan, submit their documented modification recommendations before the end of June 1986

- during further negotiations of the Govemment Plenipotentiaries, provide

- information about the siate of research

3.2 The Plenipotentiaries of the Govemments agreed thal the suggestion for the division of .the tail race canal should be considered as a separate investment, since they have nol achieved considerable reduction of the fluctuation of water levels during peak operalion. This will be done at a tirne suitable for bath parties.

The Government Plenipotentiaries instruct the leaders of the J.0.G to finish the most important research on the existing hydraulic models and by drawing up the investment target, finish the work currently being done on suggestions as to how to divide the water bed canal.

4. Report about the activitv of the J.O.G.

The report about the activity of the J.O.G. is contained in Annex 5. of this protocol. The Government Plenipotentiaries acknowledge the report.

The Government Plenipotentiaries inçtruct the leaders of the J.O.G. to produce a report before the end of 1985, to the effect that the plenipotentiary agreement appearing in the Protocol of 24th Novemberl983, coaceming the 19.5 - 20.5 km long stretch of the tail race canal, was fulfilled.

The next meeting of rhe Govemment Plenipotentiaries wiIl be held in September 1985 in Hung ary .

There are two copies of this protocol, one in Hungarian and one in Slovakian. Both copies are equally valid.

Bratislava, 14 June 1985

The Plenipotentiary of the Hungarian's People's Republic

Peter Havas

The Plenipotentiary of the Czechoslovak Socialist Republic

Ing. Vladimir Lokvenc

Annex 39

Based on the discussion held at the exclusive round-table conference (24 June 1985) on the Environmental Impact Statement of the GabEikovo-Nagymaros Barrage System

The Hungarian Acaderny of Sciences (hereinafier: HAS) convened an exclusive round-table conference to fom an opinion and to establish its position on the Environmental Impact Assessrnent (hereinafter: EIA) of the GabEikovo-Nagymaros Barrage System (hereinafter: GNBS). (The Iist of names of the attendees is included in Annex 1 .)

Because of a lack of time, the members and experts of the HAS neither have been, nor will be, able io keep up with the technical experts involved in the development of the EIA for a year and a half and those involved in the preparaiion of îhe GNBS for several decades in getting acquainted with the studies, preliminaq plans, documented investigations etc. For similar reasons, the Ad Hoc Cornmittee of the HAS could not undertake the role of the arbitrator either.

In every case, the construction of a barrage represents a large-scale intervention into the order of nature, which has various impacts on the environment. Depending on the endoments of the land, the extremely intricate and cornplex impact mechanisms get realised "everywhere" in different ways. Since adapting Hungarian and foreign examples similar to the GNBS and its expected impacts is .only proper to a limited extent due to the different econornic, engineering and ecological attributes, il was considered neçessary to provide information on the arguments and counter-arguments raised at the round-table conference (Annex 2).

Similarly to the discussions convened over the past penod (from 1981 to 19851, there were also very great differençes among the opinions this time. For some of the remarks made, reassuring or acceptable answers were given, others were refuted, or were just not responded Io. There were some, who praised the ideas fomulated in the EIA, and there were some others, who expressed condemnatory opinions, or did not agree with some of its statements.

Based on h e request, the Academy has to form an opinion on the EIA of the GNBS. Because of the multi-disciplinary nature of the establishment of the Barrage, however, several issues have been raised that could be rendered independent from the EIA and that we felt to be our duty to . inform the Governent about in order to reveal the situation.

The HAS cannot have the objective of preparing decisions. Hawever, we consider it al1 the more our objective to camprehensively reveal interrelations in order to provide a basis for decision making.

Our observations are expressed separately for the antecedents, as well as for the GNBS and the EIA.

1. OPINION IN RELATION TO THE ANTECEDENTS

a/ Despite the interdisciplinq nature of the GNBS, the HAS was requesred for the firçt time only in 1982 to express its opinion. Et occurred repeatedly that in issues concerning various sectors of the nationaI economy, opinions were requeçled at very short notice. In this

~

extremely complex subject, it is fairly difficult to f o m an opinion on the two-year work of the experienced and conversant professional staff of the water kector within a few weeks. In order to provide a ba i s for the governeni decisions, nevertheless, we consider it reasonable tu make Our rernarks.

b/ Even without working out the conception of the GNBS and without a prelirninary decision, we would agree on the damrning up of the river in order to devefop the navigation on and the flood controt of the Danube, and on the exploitation of the oppoi-tunity for energy generation arising from the darnming up of the river; ive., on the comprehensive harnessing of the Danube, which is realisable though the establishment of the Barrage Systern.

cl Even in the event of developing the CNES according to present ideas, the conteni pui down in the position of the Presidency of the HAS on 20 Deceniber 1983 is considered to be governing:

"The pollution level and the change in the biological state of the Danube should noi, in the future too, jeopardise the drinking water supply of the area and Budapest which is built predominantly on a bank-filtered system. Therefore, the sewage produced in the watershed should also receive biological treatment prior to rhe putting into operation of the Dunakiliti-HruSov Reservoir" (Item 2(a}, p. 3).

"The biological deterioration of the water in the Old Danube, as well as in its tributaries and branches, should be avoided. Regulated appropriately as boundary water, its ecologically sound character should be ensured, at the same time creating conditions for the permanent operation of a realistically designed navigaiional rouie" (Item 2(d), p. 3).

2. OPMION IN RELATION TO THE EIA AND THE GNBS

Despite the grouping of the points made at the round-table conference (hnnex 2), the order presented therein is not followed in the formation of our opinion, On the one hand, because \ire had no intention of expressing our position for al1 issues raised, on the other hand, several issues have to be touched upon in a comprehensive way in the individual positions because of the interconnected impacts.

In our opinion, besides the decisions made and the contractual obligations undertaken so far, there are stiIl iasks to complete, in which the Governrnent may irnprove the impact of this project on the national economy. Providing a basis for such decisions requires the most thorough exploration possible of the cause-efkct relationships. The position of the HAS wishes to contribute to a grounded evaluation of the possible alternative decisions.

ai The decision made by the National Environmental and Conservation Council (hereinafter: NECC) on June 21, 1983 stated that the conventional plan prepared for the establishment of the GNBS had not dealt with the ecological impacts and the expected consequences in a comprehensive way. The incomplete state of the ecological sesearch has not ceased to exist wiîh the completion of the EIA. Considerable amplification was carried out in the fields of agro-ecology and groundwater level regulation.

We consider the environmental impact statement of the GabEikovo Nagymaros Barrage System a pioneer undertaking. Wowever, it only deals with the impacts to be expected upon

the realisation of the Joint Contractual Plan or of its modernised concept Therefore, the producers af the study have neglected an examination and assessrnent of the impacts to be expected fmm alternative technicd solutions.

The EIA was prepared within a relatively short period of time and it is a piece of synthesising work suitable for reaching nurnerous conclusiom and making numerous decisions. It provided " mostly reassuring answers to several concerns and controversial issues arising over the past years. In the Statement, several points made refer properly to the fact that in the system of impacts, the frequencies of the natural, economic and social elernents are substantially diverse, and as a result, the consequences can be expected only with certain probabilities.

Numerous issues were atso raised whose analysis was not possible. The Government çhould note that an unambiguous answer cannot be given to everything. Conducting further research is necessary to make the expected impacts more acçurately definable. In spite of this, some impacts will certainly remain, which one will be able to find out only during operation, and to prevent their adverse consequences, measures should be taken and extra projects çhould be envisaged,

b/ The debates related to the GNBS are very diverging. They touch upon numerous professional fields, thus the cornpetence of any single field cannot be complete in t e m s of the whole either. In certain issues, the views are in diametrical opposition. The reasons for this are various:

- the extent of some impacts cannot be shown with experiments or calculations using models, hence the debate cmnot be resolved;

- prior to the signing of the Treaty, only a few of the preliminary studies exploring the expected ecological impacts had been prepared, their synthesis was missing, and the studies conducted since that time are of no full value or more time is needed for completing such studies;

- the debating parties are selecting their a r p e n t s according to their goals, and sometimes they replace them with declarations;

- by virtue of thcir nature, quantifiing the ecological processe; is more diffzcult that designing the operation of the engineering projects.

The dificulty of quantiQing the ecological processes means, howeves, neither the diminution nor the overestimation of their signgnificance. The economic consequences of the ecological impacts cm be plaflned with greater difficulty and they imply a greater uncertainty factor. Despite the lack of their numerical expression, the environmenta1 impacts cannot be neglected, and in fact, their sole may be fundamental at the level of the national economy.

In order to be aware of the ecological changes, to obtain comparative data, to predict the expected impacts and to prevent the adverse impacts, a uniform monitoring network should be established as soon as possible.

c l Based on the issues raised at the exclusive round-table conference, there are two possible alternative solutions for the operation of the GahEikovo Hydroelectric Power Station:

According to the first alternative, i.e., the original conception, peak energy is generated irnrnediately after the completion of the project. In this case,

- the treatment of the sewage effluents ,in the ciiy, of Gyor should be resolved at an acceleraled rate before its putting into operation, othenvise, this yach of the river will become temporarily a sewer for the city;

1 - the Nagymaros Barrage should be constructed in tirne, together with that of Gabëikovo, which will represent a significant burden to the national economy;

- the treatment of the sewage emuents on both the lefl and the right riversides should be achieved prior to the putting into operation of the facility, othenvise the muliiple use of the Nagymaros Reservoir witl fail;

- in the Nagymaros Reservoir, siltation will çlart, the pores in the riverbed will be choked, the yield of the bank-filtered wells will fall, and regular dredging of the mud will have, to be carried out;

- in the period of 1990 through 1995, there will be a Jack of basic energy in ;he grid of Hungary, which may be substituted for with the existing oil power stations (çee Item 2.1., Annex 25.

The second alternative and the economiç inierests as well as the elimination or the prevention and correction of disadvantageous side effects would make ihis one desirable, the generation of peak energy would be temporarily or definitely avoided. In this case: - the treatrnent of the sewage eMuents in the city of Gyor and on both the left and the

right riversides rnay be implemented at a "normal" rate (the burden on the national economy of this investment, paying for itself slowly, decreases);

- the construction of the Nagymaros Barrage rnay be rescheduled, and the navigation in the area of the co&unity of Gtinyü rnay be resolved at lower costs;

- the plants and additional facilities and projects necessary for the subsequeni peak- operation may be irnplemented according to the carrying capacity of the national economy;

- the basic energy missing from the grid may be substituted for with hydropower (consequently, hydrocarbon energy sesources shouid be used to a srnaller extent for the generation of basic energy, and a srnaIl portion of the savings may be used for generating peak energy).

d l In principle, the permanent use of the realistically designed navigational route on Éfie Old Danube may be extablished by the measures aiming at the water supply, if the structures n e c e s s q for it are built. In order Io preserve the boundary water and its ecologically sound character, it would be safer to constantly release the arnount of water corresponding to the discharge prevailing at Iow water levels in the Danube. The Government 'should çonsider the '

possibility

110 !

dispute is not indifferent from the aspect of the GNBS either, therefore, it would be desirable to monizor it and to get involved in it on the part of the Hungarib G o v e m e n t .

hi In accordance with the findings of the Presidency of the HAS on 20 December 1983, the carrying out of a social impact assessrnent and feasibility calculations are recommended. The Governrnent should make its decision with the knowledge of the results of the economic calculations.

il It is desirable that our Governent also have a reassuring policy on information on the issues related to the establishment of the GNBS. Official reports on the decisions have to be released showing the proponents and the institutions invaived in their preparation.

j/ It is recommended that the NECC should discuss the EIA supplemented with the issues raised at the round-table conference. After the usual inter-departmental coordination, the compilation prepared in this way should be submitied to the Governent for approval by che National Water Office and the National Environmental and Nature Conservation Ofice. The proposa1 should include the additional tasks remaining.

Budapest, 28 June 1985

1 Annex 40

[INTERNAL] MEMORANDUM ON TIE NEGOTIATIONS OF COMRADES L. STROUGAL AND JOZSEF MARJAI HELD ON 19 AUGUST 1985, 19 AUGUST 1985

l [WITH - PARTLY ILLEGIBLE - HANDWRITTITEN CORRECTEONS DY MR. WAI]

Cubomir Strougal, the Presidenr of the Czechoslovak Soctalist Republic received Comrade Marjai in his office. The Deputy Prime Minister, R. Rohlicek and the Hungarian Ambassador, Béla Kovacs took part in the discussions.

Cornrade Mariai began by conveying the greetings of Janos Kadar and G y ~ r g y Lazar to comrade Strougal. He requested that greetings of cornrade Kadar would be conveyed to comrade Husak, with the message that eomrade Kadar is counting on the meeting with comrade Husak. Next he detaiied the reasons for his visit.

He said: The Hungarian side requested presidential level talks sa that we can provide information about the process of the construction of the GNBS, about how it is being evaluated, and further related task, considering that the Hungarian Government discussed these questions last week.

He said that the governrnent examined the findings of the approximateIy two year, extensive and high quality scieniifrc research that detailed the environmental impact of the Water Power Plant Sy'stem which is called the Environmental Impact Shidy of the GNBS. The importance of this study is, above d l , that it should convince the Party and the Government that the construction of the water power plant system is a sensible use ofthe Danube, it would be advantageous, it will not damage the environment and that present and later results of scientific investigations will be useful during implementalion of the project. During the wosk we have to be guaranteed that it will be constructed it in the most economiç way.

He emphasised, that in recent tirnes we were trying to provide a wide ranging scientific basis for the implementation of the project, since we have to be more certain about our knowledge in order to be able to ç~nvince everybody, including others about the soundness of the investment, and that it serves a good cause and which creates a better situation. The publications concerning the work so far were made in the light of ttiese resulis and in accordance with them.

l The concrete suggestions made for the Czechoslovak partners were based on the results of these studies. These suggestions do not oppose the work previously done, rather they are built on lhat work, and we would like to put greater emphasis on hem, since they concern both parties and are in the interest of both parties.

Comrade Marjai snid that he handed over the summary of the environmental impact çtudy to comrade Rohlicek. There are no new observations in this paper, but it points to those areas where we should consider certain facts and work more intensively and more in accordance with the programme, since in Our opinion this is needed at this phase of the construction.

, Comrade Marjai mentioned that whiIe on the Czechoslovak side great and visible work is going on, on our side - since it consisted of smaller, less visible work - it could not be seen. But now, as in the next few days, the work starts, initially at Dunakiliti and then in the Nagymaros region, the

public will notice it, and as the districts of the scherne are highly populated, the public will not be informed about it solely by Radio Free Europe. II was also for this reason that we have found it important to infom the public.

Comrade Strouaal, also on behalf of cornrade Hus& and the whoie Government gave thanks for the sincere information, favourable l'or them. He emphasised that earlier comrade Husak had requested special information from him as to whether the Hungarian Govemment refused to continue the investment or supported it. He himself had already informed comrade Husak that the Hungarians support the construction of the power systern, and they have been consistent in their wish to implement it. He favourably evaluated the decision of the Hungarian Government and emphasised its great political and international importance. He especially thanked the Hungarian initiative that wished to inform the Czechoslovak leadership about al1 this within a short tirne.

He ernphasised that they consider the studies of environmental impact, undertaken under the authority of the Hungarian Govenunent as a reaction to the questions emerging during ihe past years. Without such investigations those people who would like to co-operate, but who have questions and doubts, cannot be responded to. Now that the Hungarian Govemment bodies, and the Hungarian Academy of Sciences have carried out the enquiries, we can tell these people at what stage we are.

Together with this - he said - we cannot do else but implement the project. During implementation, we naturally consider the ecological factors and the results that will emerge during implementation.

To ensure the quality of the water will be dealt with as a vital question, and in order to do h i s we will have to build special water purification plants. It must also be ensured that there is no pollution - especially nitrogeno fertilisers - coming from the agricultural areas near ihese complexes. And lastly, it bas to be especially ensured that nature be conserved as it used to be . He mentioned the Orlik water barrage, where the natural environment during the last 5-8 years had suffered increasing damage. Before construction the scientists claimed that everything waç al1 right, but now they reportproblems (on the surface of the water there appears a green, cloudy, polluting Iayer). His own reaction to this problem was that attention should have been called to these issues 15 years ago, and now scieniists have to promote the solution of those problems .

Comade Strougal emphasised that from Czechoslovak part, they will approach the question emerging during the process of construction actively and with initiative. If necessary, the plans would have to be changed in agreement as we go along. Therefore, they will study the summary of impact study and the recornmendations made by the Hungarians in detail, and if there is. any question that they have not responded to before, they would try to respond to them.

He remarked that the GNBS on its own merit is obviously a unique project in a unique ecological environment. Therefore, the ecological questions should have been the main focus of attention, not only in Hungary but in Czechoslovakia roo, since if the environment is damaged that would be equally criticised by the people in Czechoslovakia.

In his view the decision of the Hungarian Government and the publication of ii is of great political importance. The fact that Hungary has unequivocally committed itself to the irnplementation of the project strengthens the fiiendship between the two countries and between the people of the two countries, and a,t the same time ends speçulation in the international media. He pointed out that frorn Czechoslovak part they naturally counted on the Hungarians taking part in the

implementation of the project, but they also knew that there are circles in Hungary which would be arguing for and also against the projeci, Now, that we have officially taken position on the side of the implementation, even if there were people on Czechoslovak side who had doubts, they have had those doubts removed.

He expressed special th& 20 the Hungarian leaders who in the current situation helped the cause of joint investment, ihat is, especially cornrade Janos KAdir, Gyorgy L M r and comrade Marjai. He mentioned that the treaty between states was signed by himself and comrade Lkbr , and Ztierefore had there been any problem it would have fallen on them.

Today implementation should be the focus of attention. He said that allhough he does not know the July performance figures, the hard winter caused only a litile delny in the invesment. He also rnentioned that hi& water levels were obstrueting work at the main working pit at the Dunakiliti[sic - handwritten correction replacing "Gabcikovofl]pit. At the same tirne, the high water level constituted a test of the installation, and - since the experts were prepared to such event - the project withstood the test. He confirmed that the deIay in the construction will be made up for and that they will be able to keep to the schedule. By al1 means they count on being able to start the first turbine of the GNBS in 1990.

Comrade Strougal said, that in the next five-year period, as a result of the inflexible investment plan, they won't be able to implement several reconstruction investments. There were leaders who would emphasise that certain investments - like the GNBS - will not recoup their cos& quickly. But they have no alternative other than to build the water-power-systern. He emphasised that during implementation they will take pains so that the project will not have any unfavourable impact the environmeni. Should there be new facts and reasons pointing to the fact that this is not ensured, it would be examined and solutions would be searched for. In his view, that the only certain way to convince people about the advantages of the project is ta salve these probIems.

He pointed out that this question is not only present in Hungarian-Czechoslovak relations. The Austrian Governent is considering the building of the Hainburg powerplant. The: Czechoslovaks are supporting the joint Austrian-Czechoslovak Wolfstahl powerplant, which the Austrians obviously will not undertake, In his view it is possible, that the Austrians eventually choose a solution where the power station, inslead of being built in Hainburg, will be built nearer to Vienna, or in Hainburg, but with a lower impoundment level than that planned. Comrade Strougal said that chancellor Sinowatz avoids discussions on this subject, the reason for this, in his view, is that Sinowatz himself does not know how he will get out of this matter. He eventually added: In his opinion the Austrian Government made a mistake when it under-rated the importance of the environmental issues. \

Comrade Mariai responding to the speech of comade Strougal, emphasiçed that from Hungarian part it was not accidental to ask for the holding of the presidential talks for this date. The Hungarian Government discussed the matter of the water barrage system on 15th August, and we feIt ous responsibility to officially inform the Czechoslovak gartners about it, in the shortest possibIe time. This is importaAt in that we wished to dernonstrate our concem with both Hungarian and Foreign public opinion. In Hungary we were happy to see that our initiatives were received and judged favourabty.

Cornrade Marjai explained, however, that in connection with environmental impacts, this time we submitted a relatively short report. In this report perhaps onIy a few of the observations - reflecti~ig the results of the latest research - will be new for them. They are familiar with the larger

part of the material, as we have already delivered, or will deliver, the detailed technical materiols' during the joint work,

In connection with this he ernphasised: it is extremely important that in joint work, at least in the crucial matters, we should work in advance, that is, we should do al1 that is possible, since not al1 the problems are known today and many questions can only be cleared up - in certain cases, according to the scientists - only 20 years after operation starts. That is why it is important that research be continuous, and that its results be continually made use of. For example, the initiation of a measuring-testing monitoring system, which - although it is noc described in the written document handed over by us - according to our plans will be implemented 3 years before the water barrage system is operational. This serves -according to Our view - both political and economic interests, as well as the interests of the whole project

-

Comrade Marjai said that opposing arguments must not be prohibited; on the contrary, we should convince those, who emphasise such arguments, The debate in connection with the Hainburg project has strengthened the anxieties in connection with the damaging effects of the water barrage systern, even in people who are not professional enemies. This fact also ernphasises that these questions should be taken inio account.

In connection with the financial-economic side of the joint investment he emphasised, that for Hungmy it is a great burden, a painful issue, since in the next 5-year plan really every penny should have been spent on technical advancement, and investments like the GNBS should have been postponed to a later date. He recalled that already in 1981 in Prague chey had negotiated on the Hungarian proposa1 to delay the construction by 10 years. After long negotiation we couid agree on a 4 year delay ... [illegible word] and taken into account our international and national interests we had no other option left but to continue the work according to Our treaty obligations, if the only realistic option is to constnict the project jointly with the greatest possible speed utilising the achievable benefirs to a maximum. There is full harmony between the Hungarian and Czechoslovak side concerning bis.

Responsible: The President of the National Water Authority

Deadline: 30 June 1990

6. The necessary conditions should be ensured for the work involved in the G.N.B.S. investment and the work should be controlled so that it should be implemented in accordance with the deadline defined in the Treaty between States. The Chairman of the Economy Cornmittee will co-ordinate the necessary measures for the implementation.

7. The negotialions should be continued about the implementation of the G.N.B.S to happen within such a credit structure, that will serve the purpose of discharging the financial burden o t the V11. and VIIT. five-year plans.

In Q i n g tu iînd solutions for ihe energy problems of the 1990s, the advanlages provideci by the G.N.B.S. shouSd be exploited to the greatesl extent.

Responsible: The C h a h a n of ihe Economy Commirtee

Deadline: 31 Becernber 1985

8. In the report of the National Planning Office, concerning the modification of the investment proposal, the recornrnendationç of the environmental impact study, and the necessary related investments should be considered.

Resrionsible: President of the National Water Authority

Deadline: 30 September 1985

9. Before the water barrage system is fully operational on the stretch of the river Danube above Nagymaros, the further construction of waste-water treatment plants is necessary to the extenr that the waste-water burden, compared with its curent Ievel, will be reduced considerably. The plants should be primarily in the town of Gyor, Komkrom, Esztergom, Tatabanya and Oroszlany. The National Planning Ofice should make certain that the funds covering the investments necessary for this purpose will be available from the National Water Authority and from the councils involved.

Resaonsible: The President of the National Planning Office The President of the National Water Authority

Deadline: 31 December 1993

10. The regulation of the Old Danube bed should be carried out, and its operation should be adjusted in such a way that the riverbed will retain its fresh water characteristics.

Resrionsible: The President of the National Water Authority

Deadline: 3 1st December 1940

11. The level and method of peak operation should be regulated so that optimal conditions for hydrologicaI, energy, ecological and shipping requirements are created. The necessary research for this purpose shoutd be continued. The findings of the research should be reported to the Economy Cornmittee,

Resnonsible: The Presidency of the National Water AutIiority Minister for lndustry Minister for Transport The Chairman of the National Carnittee for Technical Advancement The President of the National Environmental Protection and Nature Preservation Bureau The Govemment Plenipotentiary of the G.N.B.S.

31 December 1985 Deadline:

12. In connection with the comtniction of the works' operational system - hcluding peak-time operation - during negotiations with the Czechoslovak partners it should be ensured that the plant operation is suited to Hungarian interests. The treaty shodd be made at a time that is suitable for the treaty's clauses ta be enforceable both in the plans and during construction.

Res~onsible: Government Plenipotentiary of the G.N.B.S. Minister for Industs, The President of the National Water Authorities

Deadline: 3 1 December 1985

13. The possibilities and advantages provided by the creation of the water barrage system should be exploited. Increased attention should be focused on this when the plans are drawn up for the area and regional development and for rural planning. -

Res~onsible: The Miriister for Housing and Urban Development The President of the National Planning Office The Minister for Agriculture a d Food The President of the NationaI Water Authority The Minister for Home Trade The Minister for Transport The Chaimen of the County Councils involved

Deadline: Continuous

14. The Czechoslovak partner should be informeci about the position adopted at the: meeting of the Council of Ministers and about the questions concerning further joint work.

Respansible: The President of the Hungarian Section of the Hungarian-Czechoslovak Economy and Technology Co-operation Committee

15. in Sie interest of rnaking the most of the Danube complex the CO-operation of the countries along the Danube should be strengthened, with special regard to the exchange of data with Czechoslovakia and Austria.

Responsible: The President of the National Water Authoriv The President of the National Committee for

' Technical Advancement

16. The public should be informed about the implementation of the water b m g e system. An information plan should be made containing appropriate arguments for the advantages of the w t e r barrage system and its foreseeable impact on the environment. -

Resaonsible: The Chairman of the Information Office of the Hungarian Academy of Science The President of the National Water Authority The Government Plenipotentiary of the G.N.B.S. The General Secretary of the Hungarian Academy of Sciences

1

Deadline: 15 Septernber 1485 and continuous

Budapest-

15th August 1985

Signed by: Dr Laszlo Marothy, Deputy President qf t h e ~ o u i c i l of Ministers

Annex 42

111987. (111.15) OKTH (National Bureau of Environment and Nature Protection) Decree On The Establishment Of The

Szigetkoz Nature Reserve

1 declare the following decree according to paragraphs 1 1 and 13 of the 811 982 (111.15) Cabinet Decree modified by the 5811986 (XII.10) decree issued for the impIementation of the 1982 4th Iaw-decree about Nature Preservation.

1. I declare the 9157.6 hectare area protected according to the topographical numbers of the property registet listed in the appendix as the Szigetkoz Nature Reservation Area.

2. 1 declare the 1325.8 hectare area of the Szigetkoz Nature Reserve high1y protected according to the real estate register listed in the second appendix.

3. (1) The goal of the protection is to preserve the water system as well as the unique flora and fauna of Szigetkoz and, in addition, to develop its landscape by the accornplishment of the Gabcikovo-Nagymaros Barrage System.

(2) The regulations of the law-decrees on nature protection should be accomplished in the territos. of SUgetkbz, so that they do not block construction, management and maintenance of flood prevention, river regulation and water replenishment projects as well as the connecting hydroIogica1 technical activity.

(3) The hydrological technical activity should be done in accordance with saving the protected nature" living condition.

4. The task of the North DunantuI Inspectorate of the National Bureau of Environmental and Nature Preservation is the protection, maintenance and demonstration of the natural values in the Nature Reservation Area .

5. This decree cornes into operation on the 1 çt Aprit 1987. I

y e e r / share of GabZikuqto Should be 2790 W h /. It should b e 3,970 GKh u s i n g continnous mode o f p r o d u c t i o n / s h a r e o f GebEi- kava 2970 G;ih /.

~zechoslovukia acd .'lurigsry sPaould sha r e e q u a l u t h e o r i r r g p r o d u

çcd end o t h e r prcsumcd b e n e f l t s / t h e same is trce f o r c a n s t r u c t i a n e x p n s e s of CabZ ikovc-Naamoros BD system/. ~ c c o r d i n g t o t h e origine

p r o , ; ~ c t , Investnents ~ h o z l d have been covered w i t h i a 7.2 geàrs. Thur

t h e GabEikovo-FJagymaros K3 sysr,en cons t rr ic t i o n is motiva t e d f irst or

el1 by econamic and technicel view-pointa.

2. rrobable n e a a t i v e conseqliences / I

!io:.raver, t h e n ~ g a t i v e eçologicai, s o c i a l , p o l i t i c a l and, p a r t l y

Ecanonic 9r.d technical c c n s r q ü c f i c e s c a n not h e neglectcd. They a r e

e l i c i t e d by t h e c o n s t r u c t i o n of such a n extensive VD s y s t e m in Denut

13u,lari2s. To t h e ~ e g a t i v c consequenc es b513ng meinly :

a / d i r e c t cisrnace, o r e v e n d e s t r u c t i o n , of e l a r o e p a r t o f n e t u r a l

or onLy l i t t l e i n f l u c c c e d bg man ecosFstems 4 '

- d u r i f l ~ t h e c o n s t r ~ c t i o n , ~ a ~ i g h l j - o n 2% im 10115 g e l h t of DansSe

/ 3 2 . j k m of whict? is"? Y3eck:oslovak" a a n ~ b s ana 1 4 2 kc i s e frçz t i e r r L v c ? wlt!! l i u ~ ~ ~ - y / . J ~ s i e t t h ? . s t e p CabE.ikovc I t s e l r ' , v!:?

2 + L r c c t l $ i n r l u c n c e s eboc t 73 L,-i ûf L ' a n c b ~ , a b o u t $G Lm cf a=- 3. -

o c c u r e s i n r i = ~ e r Sank f o s e s t s , v h i c h a r e t h e home of p l e n t y

y l a n t and a n i n a l s ? e c l e s , of t e n v e r y scarce o n e s . Xatui -a l o r

on15 l i z t i e Inf lzs? .ced h:; ,:en e c o s y s t e m s d i soz -gan i sa t i on v f i l l

g r i s e , Tiie strsi&t an3 l? km < l ~ n g , end i n some p l a c e s a s fer

as 740 n! brged d e r i v s t i o n a l c h a n n e l , t o w e r i n g up t o 18 m above

t h e s u r r c r n ù i ng p l a i n g ~ o u n d , which w i l l kring th? Danube viste:

~a the h y d r ~ p o j ~ v e r p l a n t e r e c t e d in t h e fields n e e r GabEikovo, s o a s t h e p r o t e c t i v e d i k e s end other constr~ctions, w i l l c o ~ p l e t c l y v i o l a t e the c b s r a c t e r o f the l a n d s c a p e . D e c l i n e of .wa te r

% l z v e l in t h e o r i g i n a l Ganube r i v e r - b e d / eventually iiz c o a p l e -

t e 6 1 . j i n g up/ v : i l l d i sorganise watcr ecosystems and w i l l make

i a p s s s i b l e / or a t l e ~ s t i r wFll s e v ~ r e l y cornpi icate/ t h s mi- g ~ s t i o n o f t i s h , The c r ins t ruc t i c n of .? t e h ' a g y n a r ~ s i n f l u e r . c e 3

as r3r as 110 h i o f Efinube / tb.e river gradient is c ~ 9 9 i d e 1 ' 3 k l . ~

l o w r r ti:ere than er ; t h e GohE<kovo * ,

- 3 -

- Q o~eration of dans, when undor tha projected peak r t i g h ~

the wnter l e v o l will ooasiderably sink and rise savaral. t imes a d w

/ r o w l y by 1 in in the HniSov basln placed under %atia lava and bg 4 - 5 m under CsbEikovo in the 8 km long d r a i n h g ubannsl whloh con-

t i n u ~ ~ ~ t o ortifiofally deopaned river-bed o f Danube/. Such a ci?nnges

would considerably d i s t u r b the b d s so na populations o f plants a d

animls. Theref~ro, thn purpoos of Nagynnros basin, whick is projec-

t e d r0ugki.y 14 kn f p m Czechoslovak f r o n t i e r , 13 - b e s i d o s t ho electri-

city production - the umavotdable meonire fo m i n t a i n the unif am Danu-

be f l o w i n t he Hungarian area. Providing the GabEikovo poiver plant

is op~rating continuously, water l e v e h wili not fluctuate rapidly

and thorefore the construct ion of stap Nagymros as ah e q u a l i x i n g , bas in

will l o o ç e it s seana. 1s npit'e. of ' th5-3, boaevex , t h e problem of. acce -

lerated banks erosion i s persistirig o w i w t o watar wawes o r i g i n e t i n g

03 large ivater surfaces of w a t e r d a CaGEikovo. / A t Czechoslovak aren/

this ahould be avoided by s c o l o g i c a l ~ y ~ ~ c c e p t a b l e smooth unarticulate?

asphal t -concrate benks / Hungaaans will barden t h a baliks..using s t o n o n / .

B a s i d e 3 of that, enviro iment will bo p e l l u t e d end g o i l s w i l l be occupied

by deposhts af sad i rnen tx , whicii will be extrzcted fron the botlos cf

d m s , en2 71hich v d l l c o n t a l n heavy r n e t z l s and o t b e r p o l l u t a s i t z .

b/ J n d i r e c t d m ~ e t o e c o s v s t e m s due t o tbo i.le.:er r e q t m e c h a m e s in t he cotlatry

which will easue from :

-elevatioq of g r o ~ r d water l e v e l s . Xbove tho FkcuSov à= /16 k-ri lors

=se/ tb>s s l e v a t i o n p z r t l y can c o m p o n s a t e for t h e decline o f grounà

wat& on ~zecho's lovak s i d e caused by h y d r ~ u l i c s h i e l d around S l o v ~ a f t

p e t r a c h c d c a l f ec tory . However , the und o sirab10 rr.oistulming of groud

will mise in tbt area .of NagPmos dam l a k e / m e l l i n g up would h g g c t

about 110 !a long p a r t of Da~ube, 12 km o f lpol*, 12 km of Hron, 35 b

of Vjh aad 20 km of Small Daaube /,

-cJecLhc O: g r o u d watsr l a ~ e l s in t h e =ea around ths iva terpraof d c r P

eat ivo c h u e l , alnkkng /draining/ charme1 and deepened Danube river-bsd

under PalkoviCov'o / t o t a l Pength about 51 km/ and under llagyrrraros, which

will manif o g t i t s e l f a l s o b3 the 1033 of water in v r e l l s .

c/ worsek iw oI Danube vrater aual l tv and sndworXna the dr in l . , inn water store9

in D a u b e basin- area r o a u l t i n g from:

-1imited spontaneous water purificntion capackfy of a r t i f i c i d clioiÿiels

and bankg n a d 8 o f c o a c r o t a ,

-1XmiLted supplementatiolr of drinking w n t e r s t o r e s ) m o r e o q a r , the aba,ndoe

nad Danube river-bed w i l l function as's drain

a i s e ke'twoen the orfgiml Danube river-baad and the d e r i v a f i o n a l channel,

W M C ~ ~ 1 1 bti isolatad from the roat nrea, The walla of bui ld iaga

crackle owing t o drylng up the u e a -

g/ &est ' ruct ion QT e n d a ~ k ~ ~ ~ ~ ~ o n t ~ a a r c h a d o ~ i c l a l other

culturel monuments local ised in the a r e s o f both dam6 1

h/ )-&ah c o s t s o f const ruc t ion and - .- s~era ' t j sn o f ~ a ~ E ~ k o y 0 - ~ 1 a p - x ~ 9 dams

given by emrmous sxtent of b i l l l d i n ~ : w o r k , growth of e l f c i t a d m c c a s s i v e

i n v e 3 t m a n t ~ , necassity of permanenr; sedimant extraction from th9 bot tom

of dama / Danube brings 600 000 m3 of d e p o s i t s annually/, e t c . ~ c t u a î

investaerrts .excaed the-"original presunption severa l t imes, rruch l a a d s also

to the unacceptable prolongat ion of simplified ecanomie~lly understaaàed

repapent psriod t o 40 years o r more, y ~ t without c a i c u l a t l o a of ecological

l o s se s , whicb can bs d i r e ç t l y efonomlcally enumerated, The pumplng /up to

the 10 m height/ of Danube tr ibutarias fnto .dams will c o n t r i b u t s t o hl@

o p e r a t i r g c o s t s , ao as the naintenal ice a f several hundreds .ka of p r o t e c t i v e

dikas, extrac t ion and storwe of s e d i m e n t d e p o s i t i ; and a r t i f ici al

i r r i g s t i o n o f F F r i c u l t u r ; l 2nd iorest s o l l s i n t h e ?reps w h e r e

qr0u.d w;.ter 1 ev el s +,il1 d e_c,.r~?se .; i j indirect e c o l o a i c e l 2 n c e ~ a r i c n i c losses a r i ~ e d u r i n g l l r n ' e çzon f

min in5 :no cernent end o t h e r B rteri~ls p r o d u c t i o c f o r c o n s t r u c t i o n o f

'noth C>C.Z. Co: icç r , t r ? t i cn of encimous t . u i l d i n g c ~ p a c i t i e s ~ n r : h i ~ h

a î t e r i r l consumpt lan r i e g z t i v e l y a i s t u r b e s ~ l s o t h e r e ~ l i ç z t i a n of

o t h e r c o n s t r u c t i o n s / I n c l u d i n g c o n s t r u c t i o n o f w ~ s t e w 2 t e r c l e ? n e r ç /

211 over Czechos;ov2kia.

;i/ h iah l v ~ r o b l e m ~ t i c - ~ r o b ~ b ~ r e l ~ t i v e l y s h o r t - o ~ e r ~ t i o n e x p e c t ? n z of 4 . ~ 2 ~ GabEikavo-k!zp:.-rn~ros ifirst of 211 due t o rapid f i l l i n g up , with sedi inents/ , i n s h ~ r p c o n t r i s t to t h e i r i r r e v e r s i b l e c h p r n c t e r

- t h e ccun t rq ' will c h ~ n ~ e f o r e v e r . f

3 . C o n c l u s i o n s rnd recoinmerid etions

The p o t e n t i ~ l 5 e n e f i t s of WC a y s t e m GabEikovo-N~gynioros can not he

~ n d e r e s t i m a t e d , n7inl -y t h e i m p o r t ~ n c e of l lcleérin energy p raa l i c t i on /even-

. t u ? 1 1 y ~ even d u r i r i g t h e pe.Zk~ of consurnp t ion / and t h e t o f n ~ v i g a b i l i Q

i rnprovernent ?t difficult p ~ r t ~ of J l ~ n u b e . On t h e o t h e r h nd we cen not

i ~ n o r e t h e f z c t , t h p t t h e n o t e n t i g l enex= ppoduc t i on O & 3 system will

revresent on ly 2 . 2 '/- of e l e c t r i c energy p r o d u c t i o n in C x e c h o s l o v ? k i a

in 14E6 / which is equnl to t h e ennual r i ré in electrlclty coasumpt

i n ~ z e e h o s l o v ; i k i ~ / ~ n d t h ~ t t h e s e h a s been severa l t imes cheeper me;

res t o maintzln t h e n a v l ~ ~ b l l i t y Improvement .

Houever, o t h e r p o s i t i v e e f f e c t s f o r e s e e n by projector~ a r e v e r y do

ful. VD system w i l l lead p r o b ~ b l v to ~ e n e r ~ l d e c l i n e of a g r i c u l t u r a l

wood product.ion in the r ~ ~ n e c t i v e m e a . t i e l t h e r t h e increase of total r i ç k s t o t h e env i ronmen t i n thpt Prea c?n n o t be excluded, because tht

exnec ted p o s i t i v e e f f e c t oa ~uppression of f l o o d ettacks cza be subat;

t i p l l p over-exceeded h z m s cpused hy d i s r u p t i o n of d i k e s in t h e c a s

of breakdoun.

P o s i t i v e crinsequences of ir!D system GsbEikovo-Fag~meros will thus be

substPntisl.ly lower t h ~ n i f h p s been presumed pr iS Iz r i l y . E e s i d e s t h a t ,

a numker of ebove a e n t i o n e d /end o%hers / n e g ~ t i v e effects cen be expect

w i t h h i h a p r o b ~ b i l i t y . I n g e n e r a l , n e g a t i v e e f f e c t s w i l l hsve 2 long-12

t i n ~ , or even pe rmrnen t c h z r ~ c t e r . U n d e s i r ~ b l e side-effects of '111 G.=bEi

vo- : lpgnzros concern C z e c h o s l o v ~ k t e r r i t o p fi'rst of 211. I l s a t h e WD

h ' ? ~ y n a r o s c ?n h z v e v e r ? s i ~ n i f i c ?nt n e g z i i v e consequences on t h e Czechc

v;!: s i d e ; i L d o e s P o o t o u c h o n l y % u n g ? r y , ? a it is e s r o n e c u ç l y prcsumed

f o m etines.

C o n s i d e r i n g t h e shove ~ e n r i o n e d c o n c l u s i 3 s s so 2 s t h e e x i x t i n ~ e x t e n t

of CO55brücti0n zt h o t h d ï r s we sugpest Collowing rneesures :

/ to s t o s u o c d - c u t t i n ~ in r n e d o w forrests i m m e d î a t e l v so s.s t o stop

o t h e r n e g ~ t i v e i a p ~ c t s LO e c o s j j s t e m s in t h e h'C c o n s t r u c t i o n s r e z ,

aE l e ~ ç t tlll t h e w h o i e p r o j e c t is lully r e e v z l u s t e d ;

b/ LO ch:nne kD e ? b E i k o v o t o c o n t i n u ~ u s r e g i a e o f e l e c t r i c i t ~ prociut-

tion w i t h 11~rti7l ne,& r ~ g i r r i e , i r 'h ich would l o w e r p e r i a d i c a l f l i i c t u - --- pti0r .s of ~ . ? t e r l e ~ e l in Firuzov b ~ s i r . t o r n ~ x ' i r n ~ l l y 2C. cm ~ n d ir!

z h o d r ~ i n i n a chrnne l belot! the GîbEiknvc to f ~ ç ! cm or l e s ç . T h i s SO-

lution t n ~ ü l e s : \

- t o g b ~ n d o n t h e c o n s t r u c t i o n of i:T N ~ g y m ~ r o s , p o t e n t i e l energftic

b ~ n e f i t o f \ : h i c h i s n e p , k i g l b l e

- t0 rcrfr icc : ; u b s t ~ n t i ? l i y t h e e c o l o ~ i c , - l /'and ç u c c e ç s i v e h y g i e n i c ~ l

zr t l e c i n o a i c / hpr;n.s c i u s e d by h i g k wster level f l u c t u p t i o n i n WD G pbCikov O a r e p

- l o w e r the n ~ r n k ~ e r o f t u r b i n e s in K a GeGEikovo end thus ta l o w ~ r

i n v e s t sen ts

- t o q ~ k e the pre? of dkusov b n s i n 3 m ~ l l e r thus t-O lower the p r e s

o f d evzrt e t e d farests snd o t h e r ecrisystems

l - to i n - c r e n e ~ t h e t o t a l enerEy p r o d ' u c t i o n in V U ~ z b ~ i k o v o /th>nks l

5 0 b e t t e r e f f i c i e n c y / ; e t t h e ssme tise t h e m o u n t of p e ~ k enEr-

t h e xPxi ;np1 f l o w s u s e to occur at t h e ?),eginning of sumuer, when

t h e En.ergy c o n s u m p t i o n r i ec l ines c o n s i d e r a b l y

c / net to b u i l d WD Y ~ t l y r n ~ r o s i n . t h e r i r e s e n t concention, 2nd to use t h e

e x i s t i n p , 'work for t h e cons t ruc ' t i on of :! l o w r iver step'swlling up . the Lagube level r n p x i m 3 l l y to P 20 km d ' i s t e n c e , ~ v c n t u a l ~ ~ y t o u s e

t h e c u z r e n t situ e t i o n only for deepening t h e r i v e r - b e d . - Proposed selu- ., . fion cen :

- d i r n i n i s h th^ n e g 2 t i v e e c o l o g i c z l s n i o t h e r i rnprc t s of t h e w h o l e l i , ~

sys ten i by t h e e n t i r e l p f u ~ d a m ~ n t p l wsy

- p r a v i 8 ~ z h e n f e d e ù n r v i b 7 t i o n ? l i m p r o v ~ m e n t i n F r e n und e r conçiderî-

9 -r TO ~ l l ~ v i n t e t h e d e ~ n ~ n i n ~ of'?! 6 r . i ~ &t ior .? l c h c n r e l and to ebandon î&

d e e n e n i n a of Uanube r i v e r - b e d btl law h y d r o p o ~ i e s n l ~ n t G?bEmkovo 2nd

s l z o belaw t h e X ? ~ ~ r o s rock. t h r o s h o l d , o r 2'i l e 9 s t t o lower s u b c z ~ r i -

* t l p 7 , l y its r i ~ p t h . It is t r u c t h ~ t t h i s G e z s u r & w o u l d d i r n i n i s h ~ b e

r i v e r - s l o p e 2nd t h ~ r e f a r e -1so the m o u n t of p r c c u c e d energy, b u t in

the s r n e t i m e i - t woul t , e n p h l e :

- L o d i m i n i s h or e n t i r e l v rFrnove w ~ t e r Levelç ù e c r e e s ç in t h e r i v e r - b ~ d

?ne in ~urroundi5g g r o u n d - s s t e r ; t h i s v o u l d e l i m i n z t e / or l i n i t /

Losses i n f o r e s t ecosystern ~ n d in ricu culture

- t o d i m i c i s h i n v 2 ~ t r n e n t s ;na o p e r i i t i ~ i ; c o s t ç to d e e p e n i n g t h e r i ver -beE

snd i r r i g ~ t l o n c o n s t r u c t i o n .

/ to r i s e t h e . w ~ t e r Ï l o w t h r o u p h t h e o r i ~ r i n ~ l Eznube b ~ d ït l e a s t t o 3 4CO - 6OC rn /s to r n p i n t ~ i n i t s t : s t er rnd terrescrial ecosysccriis, even

if t h e t o t ~ l ece rgv p r o d u c t i b ~ w o u l d b i m i n i s h ;

- h& f / t c n ~ k e p e r r r r e ~ k l c / ~t l e p s t t o snme e x t e n t 1 t h e of d e r l v ~ t i o n ~ l

~ h = n q e l i n o r d e r t o p r e v e n t P ~ i g n i f i c m t ground w ~ t e r l e v e l d e c r e a s ~ ;

/ to n r e n p r E ïnd to resILze 3 s e t of messures t~ min i rn i ze n e p ~ t i v

ecoloricel *?cts of MD G~bEikavo , e . ~ . t a bui3d a r t i f i c i 2 1 i ç with inner Ingoons, t o r e v i v e t h e system of l a t e r p l Dûnube p m ~

t o a r t i c u l p - t e t h e b ~ n k e of Hrusov b a z i n , e t c , ;

h / t o z c c c l e r ~ t e t h e c o n s t r u c t i o n of w 2 s . t ~ -- w ~ t e r c l e e n e r s ?long Car

bss ir , , which a f f e c t a m s i n l y the ~ c i t e r q u a l i t y in t h e Hrusov dem

a l 1 water cleeners should o p e r a t e before s t ~ r t i n g to fil1 t h € di

i / to i n t r o d u c e i m n i e d i î t e l p ;in e f f i c i e n t sjstem of s u p e r v i s i o n - upos

t h e cons truc ti on i c d epend en tly f rom n r o Sec tors end c onstruc: tors

of k o t h d ~ m s , which wouLd guer~ntee P mi .n ina l i zc i t i on of hcrms er!

from ~ v o i d i n g th^ ~ ~ c h n o l o g i c ~ l d i s c i p l i n e 2nd t h e i r r e s p o n s i b l e

lq t?king c h ~ n c e " in P c h m t i c situetion a c c o m p ~ n y i n g such an e x t e

ç i v e c o n s t r u c t i o n s /e.g. Tor i l l e c z l d ~ p o s ï t s of w 2 s t e / ;

> / t o orocl_ria The 3 ; ~ c u b e K p t u r ~ l Fgrk ; n d . to s e c u r e i t s n r o t ~ ç t i o r ? - es i t h ? s been p r o ~ o s e r : hy V l o v 2 k i l n i o n of X , ? t Û r e ?nd L~nCsc; ; i~ C

theçe / pnd o t h e r / p r o p o s i t i o a s shaulr? be j u d g ~ à by t h e c c n r n i t t ~

conpoeeà o f cief ertders ïnd o p o n e n t s t o t h e e x i s t i n g cor icept o f NE: C-?>E4!. I < P F . , : P ~ D S s u s t e m , ;cd w i t h p ~ r t i c i t i ~ t i o n o f e x p e r t s of 211 t h r ê e inter^

t e r ! st?tts, i. e. C z e c h o u l o v ? k i P /not only Ç l o v ~ k i ?/, H u n ~ ~ r y 2nd F u s t r i

FCC p l s o w i t h i r . d e p e r . d e n t e x p e r t s frora other c o u n t r i e s . Government~ of

i n t e r e s t e 2 s t b t e s should reev .? lu 2 t e b ~ s i c z l l > t h e w h o l e p r o j e c t pnR nrp

of i t s r e ~ l i ç ~ t i o n . I m p u l s e to t h i s s t e p s h o u l d corne fron ~ z e c h o s l o v P k . .

P r ~ g u e , November 14th, 19EE In t h e nïme of working g r o u p ~t Ecologicel Section, -Cs, Pdo l . Soc.

ing. J .V?vreugek, CSc.

h/ d i s c r e d i t ~ t i o n of peonlc S c o n f i d e n c e -tO p o l i t i c ~ l s : s t c ~ , whirh

l o n R - l ~ s t f ngly encl o r i ~ - a i d e d l y pref e r s t h e 1 n ~ r r o w e ~ o n o r n i c a l , , ~ .,d

t e c h n i c ~ l g o r i e n t e 6 ?t t i t u d e s wi t h c o n s i d e r a h l e , i m p ~ c t t o t h ? c o i > n t

~ n d n p t u r e ~ n d v h l c h i p n o r e the o p i n i o n of p e o p l ~ , ce11 7 t t e n t - i

to 2 o t ~ n t i ~ l ,r.zcntive e f l e c t s . Unresnor iz ive nnd u n d ~ n o c r s t i c rnrtthor. n u r i n ~ se.;rch f o r p , ~ n ~ r ? l l ! : m a r c - ~ c c e p t ~ b l e s o l u t i o n r n d rnxnif e . c t p ?

obs t ingc j* cpn ~ 1 ï ~ k:ar5en th-€ Czechos lovrk r e l ~ t i o n s t o Ilunpsry

f o r F- 13ng tirne.

129

Annex 44

REPORT FOR THE COUNCL OF MINIsTERS, 4 MAY 1989

Deputy ~resideni of the Council of Ministers

Report <or the Council oFMinisters

On 3 May 1989 in Bratislava we held a working meeting with Pave1 hivnik, the First Depury President of the Govemment af.the Czechoslovak Socialist Republic, the Partner President of the Hungarian-Caechoslovak Technical and Scientific Co-operation Cornmittee. Central to the meeting was the preparation for the PresidentiaI meeting scheduled for at the end of this month.

From the content of the discussions 1 would like to highlight the following:

Prior to the Presidential discussions the ministers respunsible for the environmefita1 issues of the GabEikovo-Nammaros Barrage Svstem held a meeting where they put forward a co-ordinated proposal that the Governments should sign a separate agreement concerning these issues. During the meeting the Czechoslovak party brought tu my knowledge unequivocally that they were ready to conclude the treaty, but they would be willing to negotiate on environrnental issues or condude the treaty only if the Barrage System would be built in its entirety, according to the original concept. In connection with that I have explainec!: our Government has not stopped any works so far, the construction including N a p u s continues according to the agreed schedule. Our Prime Minister undertook the obligation at the March session of the Parliament not to carry out any irreversible work. At the same time we have to wait until the ParIiament decides on the eventual referendum concerning the construction of the Nagymaros Barrage. My partner has noted rny statement with understanding, but indicated that it would seriously prejudice the Czechaslovak interests if eventually the Nagymaros Barrage was not built. He requested to receive unequivocal information during the meeting of the heads of govemments.

We agreed that .the drafi of the environmental agreement would be made by the experts until the end of June.

My counterpart announced îhat on 29 May there will be an international meeting of 7 ministers discussing environmental issues conceming several countries. I pledged to fulfii his request that a Hungarian delegate participate.

Conceming several major issues of bilateral economic co-operation we agreed that the people responsible for possible Hungarian participation in manufacturing Skoda cars will meet before the presidential meeting, and we will pay attention to the entrepreneurid meetings relating to the foundation of a joint viscose-sik-manufactluring çompahy.

We agreed that at the presidential meeting it wilI be advisable to exchange views on plan-co- ordination for the years between 1991 and 1995, the standpoints of the two countries relating to the COMECON refoms, and the necessity of continuing consultation about the economic reforms being introduced in both countries. We found that within the framework of the consultations it was timely to exchange oour observations about the provision of laws relating to foreim workinp,

I capital, the formation and operation of joint ventures with foreign CO-ownership, and the evaluation of OUT coutries' relations with international econornic organisations.

We agreed that at the presidential meeting we will recommend an exchange of views on the change to the use of hard currency for part of the Hungarian-Czechoslovak exchange of goods, settling the yearly full or partial balance of payrnent in hard currency as a first step. 1 indicated that we hope that as a resdt of the gradua1 change ta using hard currency within the COMECON, ' which wiIl be introduced in the fust instance in Hungarian-Soviet relations, where we have started making preliminav investigations, wil1 be the acceleration of the change to our industria1 structure. This step will have to be made even if we suf i r losses initially.

My counterpart in relation to these questions predicted greater chances of success for the use of national currency in the bilateral and multilateral settling of paymeqts, but he said Siat our recornmendations will be heard with interest and they are prepared to enter into consultations about thern.

Finally, my counterpart requested that we settle our çornrnitment, overdue frorn 1988, for the delivery of maize in full and also to make our hard currency payment - that we had agreed to - for cokeable coal and coke delivered in the first quartef of 1989. 1 pledged to fulfil his request by the end of this month.

1 had private discussions with Pave1 Hrivn&.

4 May 1989

Signed by Dr. Peter Medgyesi

131

Annex 45

NOTE VERBALE FROM THE MINISTRY OF FOREIGN AFPAIRS OF THE HUNGARIAN PEOPLE'S REPUBLIC TO THE EMBASSY Of THE CZECHOSLOVAK SOCIALIST REPUBLIC, 1 SEPTEMER 1989

The Ministty of Foreign Affairs of the Hungarian People's RepubIic presents its compliments to the Embassy of the Czechoslovak Socialist Republic and has the honour to hereby inform it that it has received Note Verbale No. 1 1 1:261/89-1. dated 18 August 1989 of the Ministry of Foreign Affairs of the Czechoslovak SociaIist Republic addressed to the Embassy of the Hungarian People's Republic in Prague.

The contents of the Noie Verbale have been carefully studied by the relevant auîhorities of the Hungarian People's Republic and they have deemed it necessary once again to sumarise the facts and results of the meeting between the Heads of Government of the two countries held on 20 July 1989.in Budapest concerning the. GabEikovo-Nagymaros Dam Systern and to state their opinion conceming the question of the dam as foilows

1.1 .The Hungarian Party reported on the prolongation of the suspension of work in Hungary related to the Nagymaros dam and barrage technology from 3 1 July to 3 1 October 1989.

2.1 The Hungarian Party annuunced that, during the suspension period, further investigations of the ecological r ish entailed by the project shall take place and that during this penod no irreversible technical measures shall be taken. This is the reason why preparatory work conducted on the territory of Hungary and related to the relocation of the Danube's bed at the Dunakiliti weir plant was also to be included in the range of activities to be suspended.

3./ The Hirngarian Party has subrnitted a proposal in two variations for the joint investigation of the feasibility of the Gabçikovo-Nagymaros D m System and invited the Czechoslovak Government to make an assessrnent of the proposal and to hold joint discussions on the matter.

The submitted version of the proposd suggested lhat joint investigations be conducted over a period of either 3-5 years or in the alternative version 1 year, and the working out of ecological guwaritees and an optimal systern of operatiom. The Hungarian Party also proposed that intemational scientific organisations be involved in the said joint scientific work.

4.1 The Governent of the Hungarian People's Rqublic, having assessed what was said during the negotiatioas of 20 July 1988, arrived at the conclusion that the Czechoslovak Party does not think it necessary to modify the contents of the GabEikovo-Nagymaros Agreement or the construction schedule. It did however acknowledge the extension of the suspension and made na objection specifically to the suspension of the preparatory operations for closure of the Danube at Dunakiliti, asking for Hungarian proposais conceming further construction work to be canied out on the d a m system to be handed over to the Czechoslovak Party in writing. The

Czechoslovak Pai-ty assured the Hungarian P g y chat the Czechoslovak Govemment would assess these proposals.

On the basis of the above the Minishy of Foreign Affairs of the Hungarian People's Republic wishes to stress the following: Ihe Hungarian Party did not cause the Czechoslovak Party to corne to the conclusion that the Govemment of the Hungarian People's Republic had taken unilateral measures conçerning the suspension of the construction of the GabEikovo-Nagymaros Dam System.

The Czechoslovak Party received the Hungarian pxoposds referred to in Point 3.1 above in writing as early as 20 July 1989, that is at the time of the meeting between the Heads of the Hungarian and Czechoslovak Govemments, the proposais were later repeated by the Hungwian Government Commissioner in charge of the construction of the GabGikovo-Nagymaros Dam systern, who, on 3 August 1989 in Bratislava, handed over an edited version of the said proposals with a clear scheme attached, and accompanied by an exhaustive oral explmation, to the Czechoslovak Party.

The Hungarian Party must declare with regret that, up !O the present day - 40 days later - the Hungarian proposals have still not been assessed by the Czechoslovak Party.

The Government of the Hungarian People's Republic hereby wishes to draw the attention of the Governent of the Czechoslovak Socialist Republic to the fact that, in its opinion, both Hungary and Czechoslovakia are fachg an ecological emergency. The actions of both Governrnents must be judged in the light of this fact. The Hungarian Party çan see no expranation for the Czechoslovak Party's rigid refusal to discuçs ecological guarantees and an optimum regime of operations for the project.

The Czechoslovak Party would not even go as far as discussing any questions which might lead to the smallest deviation from the contents of the Treaty between the two countries on the Constniction and Operation of the GabFIkovo-Nagymartis Dam System, despite the fact that, on the basis of the curent scientific knowledge, strong objections have been raised against the claim that the project would represent no ecological Lhreat. The Hungarian Party nevertheless hopes that the Czechoslovak Party will finally adopt a responsibie attitude and take an active part in finding a solution acceptable to both sides.

The Hungafian Party according to the basis to the basic principles of the El9771 Treaty proceeds from the fact that the profit and the possible rnaterial loss, the risks of intervening in nature and the prevention thereof or the burdens of averting it are common. Therefore the Hungarim Party does not see any basis to the determination of Czechoslovak demands for compensation without negotiations in the present period of suspension.

The suspension of preparatory operations for the closure of the Danube bed at DunakiIiti by the Hungarian Party in itself neither interferes with the realisation of the conception of the GabEikovo- Nagymaros Barrage System nor with the construction of the GabEikovo Barrage. The suspension unquestionably delays the commencement of operation of the first hydro-electric generators but it must be taken into consideration that this period of suspension is the last possibility for the two Parties to confront thoroughly and for dl times the joint work with the requirements- of envuonmental protection and to this end to weigh up a11 the cirçumstances very carefully.

The Govemment of the Hungarian People's Republic finnly rejects the statement contained in the Note Verbale of the Czechoslovak Socialist Republic dated 18 August 1989 according to which

steps taken by the Hungarian Party put into question its reliability in respect of negotiations conducted an the subject of the dam system.

Such a groundless assertion must cause the Hungarian Government to question whether it can expect appropriate co-operation from the Czechoslovak Party in the settlement of such future problems as may occasionally arise in the course of the execution of the joint project. . During the expert negotiations led by the Plenipotentiaries of the two Govemments from 2 1 to 23 August 1989 in Budapest the Hungarian Party asked to be informed about the content of that techca l counter-measure, which according to Our information the Czechoslovak Party is conternplating in connection with the suspension of the preparatory work reIated to the relocarion of the Danube's bed,at Dunakiliti.

In the light of the information received from the Czechoslovak Party on the subject, the Government of the Hungarian People's Republic wishes to direct the attention of the Government of the Czechoslovak Socialist Republic to the fact that, should such a Czechoslovak measure indeed be taken, that would be regnrded by the Hungarian Party as a material breach of the 16 September 1977 Treaty. Such a breach of the Treaty would lead to serious international legal connicts for which the Czechoslovak Socialist Republic would be solely responsible. The Czechoslovak Socialist Republic would also have to assume sole responsibility for any ecological threat to Hungary's territories which may arise from their actions, as well as the expected deterioration in navigation conditions on the Danube.

The Govemment of the Hungarian People's Republic hereby once more invites the Czechoslovak Government to give serious consideration to Hungarian proposals made in writing on 20 July 1989 in Budapest, and repeated on 3 August the same year, and urges the Czechoslovak Government to respond without delay ro the said proposals on the merits. The Hungarian Party proposes that the planned next meeting between the Heads of the two Govements be preceded by expert meetings and then a consultation between the Deputy Prime Ministers of the two countries. The obligation of the two Govements to clarify this complex problem to their nations, and their responsibility to future generntions, now dernands of the two Govements a full and appropriate reconciliation of their mutual and individual interests.

The Ministry of Foreign Affairs of the Hutlgarian People's Republic avails itself of this opportunity to renew to the Embassy of the Czechoslovak Socialist Republic the assurances of its highest consideration and requests that the above be immediately cornrnunicated to the Czechoslovak Government.

Budapest, 1 September 89

To the Embassy of the Czeçhoslovak Socialist Republic Budapest

GOVERNMENT RESOLUTION (3305/1989) OF THE COUNCIL OF MINISTERS ON THE MEASURES TO BE TAKEN ON THE BASIS OF EXPLORATORY RESEARCH ON LHE DOMESTIC AND INTERNATIONAL, LEGAL, ECONOMIC, ECOLOGICAL AND TECHNICAL CONSEQUENCES WHlCH WAS PERFORMED

DURING TkLE SUSPENSION OF WORKS AT NAGYMAROS, 27 OCTOBER 19 89

1. The Council of Ministers confirming its prelirninary standpoint encompassed in resolution number 326511989 of 22 September:

al States, that Hungary and Czechoslovakis would fall into an ecological state of necessity in the event of a commencement in the operation of the water-barrage according to the original plans, and therefore, it Finds it necessary to eliminate the peak-operation mode of the barrage, and therefore the abandonment of construction of the Nagyrnaros Barrage.

The Hungarian Party finds it necessary ta sepeal the section of the Protocol, signed in Febmary 1989, on the acceleration of construction works at the water-barrage related to Nagymaros .

bl It finds it necessary to conclude an agreement to minimise the environmental risks inherent in the basic-operation mode of the Dunakiliti-HruSov resenioir and of the GabEikovo waterpower plant; and to establish a comprehensive water-quality protection, technical-operational and ecological systern of gwantees related to the Dunakiliti- HniSov reservoir, to the Dunakiliti weir, to the GabEikovo waterpower plant, to the power-canal and to the Danube river section extendhg to Nagymaros.

The condition for filling the Dunakiliti-Hru9ov reservoir is the conclusion of the inter- govemmental agreement. In the event that a Czechoslovak statement of willirigness to conclude the inter-governrnental agreement is given, the preparatory works on the relocation of the riverbed of the reservoir could be continuel;

cl It Ends it necessary, on the basis of what was encompassed in points a/ and 6/. to amend "The Treaty on the Implementation and Operation of the ~ab~ikovo-~agymar8s Barrage System Cencluded on the 16th Day of September 1977 Between the Hungarian Peoples Republic and the Czechoslovak Socialist Republic" and the agreements supplementing the Treaty.

It proposes that Parliament authorise the Council of Ministers to propose to the Czechoslovak Contracting Party the amendment of the interstate Treaty.

2. If Parliament gives authority to the Council of Ministers !O initiate the amendment of the Interstate Treaty, the following measures shall be taken:

al The Council of Ministers instmcts the Minister for the Protection of the Environment and Water Management in co-operation with the interested Ministers to devise the work-plan of al1 the necessary measures which have a comection with the amendment of the Interstate Treaty and agreements connected to the Treaty, as weIl as the plans and investment;

Person In Charge: the Minister Tor the Protection of the Environment and Water Management

the Minister of Justice the Minister of Commerce the Foreign Minister the Minister for Industry the Minister of Finance the Head of the National Planning Office the Minister of Transport, Communication and Public Construction the President of the National Bank of Hungary

Deadline: 7 Novernber 1989

The detailed textual modification of the interstate Treaty and of the connected agreements shall be prepared in accordance with the task plan approved by the Couneil of Ministers.

Person In Charge: the Minister of Justice the Foreign Minister the Minister for the Protection of the Environment and Water

Management the Minister of Transport, Communication and Public Construction the Minister of Commerce

Deadline: 15 Novernber 1989

The Treaty-amendment proposal approved by the Council of Ministers, shall be handed over to the Czechoslovak Party in a procedure as defined in the Treaty.

Person Ln Charne: the Governent Commissioner of the GabEikovo-Nagyrnaros Barrage System

Beadline: 15-20 November 1989

b/ The Council of Ministers instructs the Minister for the Protection of the Environment and Water Management in CO-operation with the interested ministers to take the following measures in começtion with the dissolution of agreements related to the construction of the Nagymaros Water-barrage:

- The termination of foreign trade-selated pnvate law contracts conhected to the construction of the Nagymaros Barrage shall be prepared, taking into account the financial consequences.

Person In Charge: the Minister for the Protection of the Environment and Water Management

the Minister for Commerce the Minister for Industry the Minister for Finance the President of the National Bank of Hungary

Deadline: for the preparation of termination of contracts 7 November 1989,

for the termination of contracts 15 November 1989.

- Other contracts related to the Nagymaros Barrage shall be supervised, and the contracts shall be terminated apart from the ones on the works on flood protection, on indispensable transportation and diectly ones for providing the living conditions of the region.

Person In Charge: Minister for the Protection of the Environment and Water Management

Deadline: imrnediately, depending on Ihe conditions of the contracts

- The flood protection defence plan of the region of Dunakiliti shall be elaborated, and i t shall immediately be reconciled with the comptent Czechoslovak water management organisations.

Person In Charge: Minister for the Protection of the Environment and Water Management

Deadline: immediately

- The investment proposal for Ehe GabEikovo-Nagymaros Barrage System shall be refiamed in accordance with the proposed modification of the Interstate Treaîy, and the modified investment proposal shall be submitted in the order of procedures for state investments.

Person Ln Charge: Minister for the Protection of the Environment and Water Management

Deadline: 3 1 Decernber 1989

- A new comprehensive regional development concept and arrangement plan shall be elaborated - with the participation of the local and regional councils - for the section of the Danube between the state border and Nagymaros, in order to establish the balanced development of the Danube and llhe region.

The infra-structural developments planned and already being implemented, not directly related to the project at Nagymaros shall be fully executed without increasing the burdens of the inhabitants,

1

Person In Charge: Minister of the Interior Minister for the Protection of the Environment and Water

Management ~ In i s t e r of Transportation, Communication Bousing and

Public Construction Minister of Industry Minister of Agriculture and Alimentation President of the National Planning Office Minister of Finance

3. The Council of Ministers hereby extends the mandate of Dr Liszîii Udvari, Under-Secretary of State for Transportation, Communication, Housing and Public Construction, appoinied by Resolution 107111989 (V1.15) of the Council of Ministers, as Government Comrnissioner - with the same scope of activity - in accordance with the regulation on tasks and duties ernbodied in the said resolution. This mandate shall be valid until its withdrawal.

The provisions in Articles 6- 10 of the Resolution of the Council of Ministers 107211989 (VI. 15) and the annex thereto shall cease to have effect afier their irnplementation.

The temporary cornrnittee Çormed under resolution 326511989 of the Council of Ministers on the organisation and direction of the tasks related to the modification of the treaty concluded between the Hungarian Peoples Republic and the Czechoslovak Socialist Federal Republic on the construction and operation of the GabEikovo-Nagyrnaros Barrage System shaIl continue to operate. The çornrnittee shall execute its CO-ordinating work in CO-operation with the ministers and leaders of bodies of national authority without taking over their tasks and authority.

The committee is a working cornmittee comprising of the Deputy Ministers (Deputy Presidents) and Under-Secretaries of State of the Ministry for the Protection of the Environment and Water Management, MinisQ of Justice, Ministry for Foreign kffairs, Ministry of Industry, Ministry of Trmsportation, Communication, Housing and Public Construction, Ministry of Finance, National Planning Office and the Hungarian National Bank.

The Council of Ministers calls upon the President of the Hungarian Academy of Sciences to delegate his representatives for the cornmittee.

The activities of the cornmittee shall be directed by the Governent Commissioner of the GabEikovo-Nagyrnaros Barrage System. The activlies of the cornrnittee shall be supervised by the Deputy President of the Council of Miiinisters.

4. With this present resolution, resolution 326511989 of the Council of Ministers shall cease to have effect.

5. Point Na-b. of this present resolution shalt enter into force upon Parliament giving aulhorisation for the initiation of the modification of the Interstate Treaty.

Budapest, 27 October 1989

Mios Németh President of the Council of Ministers

Annex 47

NOTE VERBALE FROM THE ~ I S T R Y OF FOREIGN AFFAlRS OF THE CZECHOSLOVAK SOClhLIST REPUBLIC TO THE EMBASSY OF THE REPUBLIC OF H ~ G A R Y , 30 OCTOBER 1989

NOTE VERBALE

The Federal Ministry of Foreign Affairs of the Czechoslovak Socialist Republic presents its compliments to the Embassy of the Republic of Hungary in Prague and upon instruction of the Goverment of the Czechoslovak Socialist Republic has the honour to transmit the standpoint of the Govemment of the Czechoslovak Socialist Republic concerning the construcrion of the Gabtikovo-Nagymaros Barrage Systern as prescribed by L. Adamec, President of the Government of the Czechoslovak Socialist Republic, to M. Németh, President of the Council of Ministers of the Republic of Hungary at their meeting o f 26 October 1989 in Bratislava.

The Government of the Czechoslovak Socialist Republic was ready to consider the Hungxian Party's proposal to sign an agreement between the Government of the czechoslovak Sociaiist Republic and the Council of Ministers of the Hungarian People's Republic on a system of technical, operational and ecological guarantees related to the Gabeikovo-Nagymaros Barrage System. The Czechoslovak Party expressed its willingness to conclude such a convention within a short period of time, upon the condition that the Hungacian Party s m s the preparatory operations for the closure of the Danube bed at Dunakiliti without delay.

This suggestion of the Czechoslovak proposal is based on the presumption that the comptent water management organs of the two States prepare the technical principles of the said agreement within two weeks which çan be initialled at the level of Deputy Ministers for Foreign Affairç. After the initialling of those principles the Hungarian Party should start the actual closure of the Danube-bed. The text of the agreement has to be elaborated so that it could be signed before the end of March 1993.

The Czechoslovak Government suggested the conclusion of a separate agreement in which both Parties would oblige themselves to limitation or exclusion of peak hous qperation mode of the GabEikovo-Nagymaros Barrage Systern. By w y of this suggestion the Çzechodovak Party tried to clear away the misgivings of the Hungarian Party concerning the potential ecological effects of the peak-load operation mode.

Furthemore, the Government of the Czechoslovak Socialist Republic proposed to invalidate statements contained in the Protocof of Eebruary 1989 referring ta the Nagymaros dam and thereby to rem to deadlines indicated in the Protocol of October 1983. The Czechoslovak Party puts forward this compromise in order to enable the Hungarian Party to utilise the tirne thus gained to investigate ecological questions and to put fonvard its proposals in due time.

AI1 proposals put forward by the Government of the Czechoslovak Socialist Republic originate in, and are in complete concordance with the Treaty signed by the Czechoslovak Soçialst Republic and the Hungarian People's Republic on 16 September 1977 on the construction and operation of the GabEikovo Nagymaros Barrage. The Hungarian Party made the acceptance of the Czechoslovak proposals conditional upon acceptance by Çzechoslovakia of the modification of the Treaty of 1977 on the construction of the GabEikovo-Nagymaros Barrage System with the views of abandoning the construction of the Nagymaros Barrage. The Government of the

Czechoslovak Socialist Republic sees no justification for a modification of the aforementioned Treaty.

Should the Hungarian People's Republic decide unilaterally - in conflict with ifS international legal liabilities - to abandon the Nagymaros project then the Czechoslovak Party shall demand compensation'and the reirnbursement of its losses resulting £rom such a decision.

However, the Government of the Czechoslovak Socialist Republic in view of the façt that difirences of opinion continue to exist even after the meeting of Prime Ministers of 26 October 1989 held in Bratislava maintains its position towards the Government of the Republic of Hungary to the effeçt that it fulfil its liabilities in connection with the construction of the GabEikovo Barrage in such a manner as to allow the completion of the praject in accordance with the relevant binding agreements, with the provision that a separate agreement shalI be signed on the system of technical, operational and ecological gwantees, as indicated above.

Should the Republic of Hungary fail to meet its liabilities and continue unilateralIy ti, breach the Treaty and related legal documents then the Czechoslovak Party will be forced to commence a provisional, substitute project on the territory of the Czechoslovak Socialist Republic in order to prevent further losses. Such a provisional project would entai1 directing as much water into the GabEikevo dam as agreed in the Joint Construction Plan. The Federal Ministry of Foreign Affairs of the Czechoslovak Socialist Republic avails itself of this oppominity to renew to the Embassy of the Republic oFHungary the assurances of its highest consideration.

Prague, 30 October 1989

CZECH AND SLOVAK FEDERATIVE REPUBLIC

Federal C o r n m i t t e e for the Environment

Slovak M i n i s t r y of Water and Forests Resources and Wood Manufacturing Industry

Repreçentative of Goverment of The Czech and .Slovak Federative Republic and Slovak Republic for the construction and management

of Gabcikovo - Nagymaros hydropower scheme.

Invitation of proposais:

ÇURFACE WATER AND GROUND WATER MODEL OF DANUBIAN LOWLAND BETWEEN BRATISLAVA AND KOMARNG: \

ECQLOGICAL MODEL OF WATER' RESOURCES AND MANAGEMENT

Progranme: E u r o p e a n Community PHARE - Environment Protection

Contamination and degradation of ground water i ç being detected with increasing f requancy In Çlovakia, e ç p e c i a l . 1 ~ a t Danubian lowland. Ground water is the basis for solving ecological problems, fertility questions, protection and exploitation of natural resources i n this p a r t of country. Moreover t h e r e a re t h e largest ground water resources of high guality, estimated a t 20 m3/ç. The çtrategic position o f thiç lowland and the new large hydropower scheme under cornp le t ion , "Gabcikovo", require a thorough and complex study of a proper impact assessrnent model, enabling d u t - h o r i t i e s to ensure the protection of natural and anthropic resources, balanced ecological developrnent. as well as optimized decision making and management.

Elaborated by: Faculty of Natural Sciences. Comenius University Division "Ground Water", an e x p e r t g r o u p of t h e Representative of Government of The Czech and Flevak Federative Republic and Slovak Republic f o r t h e construction a n d i management o f Gabcikovo - Nagymaros hydropower scheme.

Bratislava. Oçtober 2 5 , 1990

Federal Cornittee for the Environment

Address : Federalni vybor pro zivotni prostredi Slezska 9 Phone: (02) 215 1111 12029 P r a h a 2 FAX: ( 0 2 ) 215 2659 CSFR Telex: 121427. 1 2 1 107

Slovak Minlstry of Water and Forests Resources and Wood Manufaçturing Industry

Representative of Government of The Czech and Slovak Federative Republic and Slovak Rcpubliç for the c~nstruction and management

of Gabcikovo - Nagymaros hydropower scheme.

Address : Mlnisterstvo lesneho a vodneho hospodarstva

a drevospracujuçeho priernyslu Splnomocnsnec vlady CSFR a SR pre vystavbu a prevadzku Sustavy vodnych die1 Gabcikovo - Nagymaros T r . L, Novorneskeho 2 Phone: (07 )327220 84218 Bratislava Fax: (071527902 CSFR Telex: 93385

Faculty of Natural Sciences. Comenius University Division "Ground Water", an expert group of t h e Representative o f Governrnent of The Çzech and Slovak Federative Republic and Slovak Republic for the construction and management o f Gabcilcovo -. Nagymaros hydropower scherne.

Address : PFUK. Konzu!tacna skupina "Pcidzemna voda" Mlynska dol. Phone: (071 325446 84215. Bratislava CSFR

Page

M A P S

ANNEX 2

' GRUNCWASSERPROBLEME I M ÇLOWAKISCHEN D O N A U G E B I E T

1. E I N F U H R U N G

2 . O K O L O G I S C H E PROBrEME LIM O A S GRUNDWRSSER

3 . L O S U N G Ç M U G L I C H K E I T E N

4 . O B E R S I C H T UBER D E N G E G E N W l R T I G E N S T A N D D E R LOSUNG

V O N AUFGABEN Q U R C H M O D E L L I E R E N

5 . D E F I N I T I O N DES GRUNDUASSERPROBLEMS AUF D E R I N S E L

ZITN? O Ç T R O V D

6 . SCHLU3WORT

7 . L I T E R A T U R V E R Z E I C H N I S

1. P R E A M B L E

II. I N T R O O U L T I O N

11.1. A C A L L F O R J O I N T H U G A R I A N - S L O V A K

RESEARCH

III. D E S C R I P T I O N OF C O N D I T I O N S

III. 1. P H Y S I C A C C O N D I T I O N S

111.2. GROUNO W A T E R PROBLEMS

1 1 1 . 3 . A N T H R O P I C A N D LAND U S E C O N D I T I O N S

1 1 1 . 4 . G A B C I K O V O H Y D R O P O W E R SCHEME

I V . S P E C I F I C PROBLEMS T O BE T A K E N I N T O A C C O U N T

AND TO B E Ç O C V E D

I V . 1 . N A V I G A T I O N

I V . 2 . F L O O O

I V . 3 . R E C R E A T I O N , T O U R I S M A N D N A T I O N A L P A R K

I V . 4 . WATER Q U A L I T Y A N D E N V I R O N M E N T A L I S Ç U E S

IV.5. A G R I C U L T U R A L M A N A G E M E N T P R A C T I C E S F O R

M I N I M I Z I N G THE GROIJND W A T E R C O N T A M I N A T I O N

A N D D E G R A D A T I O N

I V . 6 . H Y O R A U L I C R E Ç E R V O I R C O N D I T I O N 5

I V . 7 . I N F L U E N C E S ON E C O S Y Ç T E M

I V . 8 . M O N I T O R I N G AN0 O P E R A T I O N A L C O N T R O L

S Y S T E M S

V . M E T H O D O L O G I C A L A P P R O A C H

VI. R E Q U I R E D P R O F E S Ç I O N A L Ç AND D A T A P R O C E S S I N G

R E S O U R C E S

V I . 1. I N F O R M A T I O N S Y S T E M

V I . 2 . P R O F E S S I O N A L S

V I . 3 . E Q U I P M E N T S

VII. WDRK O R G A N I Z A T I O N

VIII. WORK SCHEDULE

I X . C O S T S

X . S U M M A R Y AND T E R M S O F R E F E R E N C E S

XI. REOUIRED S P E C I A L I Ç T S

XII. ANNEXES

" . . . protection and improvement of the environment,

conservation of nature and t h e rational use of her

r e sou rces are essential to the welfare of people

and economic developrnent of al1 nations . . . "

H e l s i n k i , August 1. 1975

1. PREAMBLE

The pollution and degradation of g r o u n d water have already been

detected. Prcibleni of ground water degradation is seriouç in the

"'Zitny oçtrov" region in connection with t h e construction o f the

Gabcikovo hydropower s c h e r ~ e , with the agricultural and industrial

activities and with changes i n the whole r i v e r Danube basin.

Ground w i i t e i - is characteristic with cornplex physical, cheniical.

geological. hydrological, biological, and human interactions. I n

addition there a r e influences of variocis use of l a n d . nature,

ground water, r i v e r etc. Ground water is bas15 for solving

ecological problems, fertility questions, protection and

exploitation of n a t u r e . T h e r e do n o t exist " s t a n d a r d protection

methods" of graund water quality and guantity.

Hodelling of ground w a t e r flow: water quality. ec@loglcal

processes, t h e management of ground water use and protection is

most difficult and delicate and reguires a complex

Interdisciplinary cooperation. Understanding o f scich a system is

a n important p a r t of rnodel l ing. \

Ar1 integrated rnodelling system is to be developed. This system

should be able to r u n s i m i l l a t i o n inode15 of river flow, gruund

water flow, and greund water quality, to provide b e t t e r

understanding of the interrelated processes involved, their

interactions and basiç for decisjon making.

I T . INTRODUCTION

The Danube is amang. the moçt important rivers in t h e world. Over

70 ini l l ioi- i inhabitants of e i g h t countries a re directly influenciod

i n t;,e b a s i n . Danube i ç a v i t a l factor of biological l i f e . human,

p l a n t and animal, t r a n s p o r t carrier, while a t the same time she

is tlie recipient of t h e effluents. t h e waste waters of a wide

varlety af hurnan âçtivities.

Th3 importance of t h e Danube. t h e necesslty of her regulation and

development w a 3 already recognized in ancient times. The Romans

e x c a v n t e d a c a n a l to bypass t h e dangerous rapids in t h e Iron Gate

section on the Lower Danube. Ernperor Tiberius ordered the

building of regulated banks and a towpath to facilitate t h e upstream passage of barges . Queen Mary, w i f e o f Bela I V , who

r u l e d frorn 1235 to 1270 had a new straight hed excavated for t h e

Lianuba between Br 'a t i s l ava and Gonyii to protect h e r Moson estates

fr-om t h e fluods on the river. Çtephen Szechenyi (1791 - 1860). a

p r o m i nent po l i t i c î a n of the Hungar ia i l r-eform pra. the hui I der of t h e Budapes t Chain Bridge and founder of the Hungarian Academy of Sciences, were t h e drivlng foi-ce b e h i n d the c l m b i t i o u s pro~ect of

Danube regu1aLio11 irnproving t h e navigation condition. ' flood

control and land drainage. Tlie lowlands an tlie both Danube sides

were regularly flooded. Floods devastated large p a r t s of

Hungarian Szi-getktjz area in 1954 and of Zitny ostrov area i n

1965. The first dam, t he Kachlet D a m . inaugur f i t ed in 1927. was

followed by 29 similar projects.

The strategic positionlof the "Zitny ostrov" region (sed Annex 1) and t h e new large hydropowlrr scheme rinder completion. require a thorough and çomplex study of a proper impact assessrnent model. enabling concerned authorities and organizations t o ensure the protection of natural and anthropic resources, a halanced socio- econornic develcipment of t he area. life quality, as weE1 as

optimized decision making and management. In Zitny ostrov there

are high developed agriculture, extreme yreak ground water

resources, natural riversida and meenders woods and forests with' valuable fauna and flore, anti-flood river Danabe ragulntion

3

wcrks. international ships water way and harbuur, high density of 1

population and important Induç t ry .

The construction of any river dam entails changes in the

environment. Any interferences is associated with changes, both

adverse and beneficinl. In particular. the various and sometimes

delicate equilibria or conditions, that have been developed over

many decadeç, aimed at water resource exploitation and surface

downflow control, have been significantly modified by the Danube

upstream hydropower schernes and will be further changed by the

new hydropower scheme and related infrastructures in connection also with the precarious ecological & n d i , t l o n s .

I

The objective of the required c o m p r e h e n ~ i ~ v e study is to evaluate

and verify t h e effeçts of previous activities and by the new

hydraulic system o f hydropower development. The goal ï s to define

the remedial a c t i o n s and optimization of a l 1 mutual

interferences. A perm,annet optimizatlon 'and managernerit mode1 is

ta be developed by this project. , .

Ground water especially is one of the mdst important sources of 1

vater for human life and flora and fauna in Danubian lowland,

both in Hungarian and Slovùk territory. The trends in the quality of ground water a r e worrying. Degradation and p o l l u t i o n of ground

I

water is far more s e r i o u s than we thought and that t h e quality of

the ground w a t e r i s deteriorating faster than has hitherto been

assurned.

I

Jn order to implement a scientiflcally based ground water control prograin in t h e Danubian lowland territory i t i s neçessary that a

scientific research program will be an comrnon program of

hungarian. slovak and international s u n f a c e w a t e r and ground

water specialists. This project shall help to initialize the

international cooperation in Danubian lowland area and bring to a

cooperation hungarian and slavak speciali'sts.

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I I I . DESCRIPTION OF CONDITIONS

I I I . 1. PHYÇICAL CONDITIONS

The territory under cansideration (Annex 1) e x t e n d s 011 Czecho-

slovak territory from Bratislava t o Komürno and from t h e river

Danube to Carpath5ans ( s e e mapl. Southnard f rom t h e r i v e r Danube

it extends on Hungarian territory between Danube and r i v e r Mosonî

Duna Szigetkoz.

The main characteristics 7 f t h e a rea c a n be summarized as

f o l lows:

- a low lying, gently sloplng p l a i n area;

- weak s u r f a c e layer forined by f i n e humic materials and çoils, w i t h variable thicknesseç lrom Lens of centjmeters up to

three m e t e r s ;

- thick alluvial aquîfer ( t h e r i v e r Danube grave1 deposits)

w i t h thicknesses from 10 m up t o over 300 m . With gseat

v w i a h i l i t y of particle size distribution and h î g h hydraullc

cnnductivity, intercalated by f i n e ' lenticular snnds and

ineander depos i t s ;

- continental climate of central - european t y p e . with well

differentiated meteorological seasons: rainfalls comprise

betwetn 500 and 700 mm/yr: temperature ranges between -15 up

to over 30 OC:

- river conditions of Alpino-continental t y p e . affecting the

aquifer through direct r echa rge . Hydrograss o f the Danube 3 show the discharge ranging from 1000 to 11000 rn / s e c

(average 2000 m3 / and amplitude of wat-er level

fluctuation in Bratislava from 1 up to 10 rn:

- wide r i v e r meanders with dynamic water regime with changing water levsls and rsgular Elooding;

- unique and valuable fauna and f l o r a resources; graund wùter affected by the Danube water both

guantitatively and qualitatively.

I I I . 2. GROUND WATER PROBLEMÇ

1 The graund water problems àre t h e most i m p o r t a n t canes and t h e r e a r e described i n separate chapter in Annex 2 .

J

I I I . 3 . ANTHROPIC AND LAND USE CONDITIONS i

Main resources of t he territory a re : 1

- .intensive and diverse agriculture. irrigated i n t h e upper

p a r t and drainaged in the lower p a r t of the a r e a ;

- çpread livestock breeding;

- industrial activities. mainly in the f i e l d of food and wood

processing, important chemical and petrochemical complexes:

- extrenie large graciild water resocirces wl-iich a r e i n danger of

agricultural and industr~al p o l l i i t i o n and degradation.

1 I I I . 4 . GABCTKOVO HYDROPOWER ÇCHEME

The Gabcikovn hydropower scheme constructeci i n slovak territory

will radically modify the exiçting hydraulic structure and

conditi~ns o f t h e r l v e r Danube. ground water flew and water

quality over a length of about 50 kin downstrearn from Bratislava.

The nialn companents and c h a r a c ' t e r i ç t i ~ ç of t h e scheme are a s

f e l lows: I

- t w o perirneter ernbankments that dain, the natural meanders of

t h e r i v e r . The dam crest is at the elevation of 133.2 rn

a.s.l. The artificial reservoir retains Danube waters up to

131.2, maximum u p t a 131.7 rn a.s.l.>; a c o n h e t e barrage in t h e Danube r i v e r bed a t t h e end of t h e

reservoir near Hrusov f o r releasing some wat,er i n t o t h e old

r i v e r bed and t h e river floods and: for k e e p i n g w a t e r levels

not to exceed the maximal he igh ts ;

along t h e l e f t riverbank, embankment continues dawnstrearn

f o r approx. 20 km, forrn:ng an a r t ! i f i c i a l channe l , from 500

to7 Z O O 0 in w i d e . This çhannel w4 11 Ilead 4000 rn3 /s water t o

Gabcikovo hydropower station. with 8 K a p l a n turbines and a

total i n s t a l l a c i capacity o f 720 MW and head differsnce of 22

rn betwee.n the max. w a t e r elevation ups t ream (131.1 rn ù . s . 1 . )

and the average elevation (109 m a . Y . 1 . ) a t the dawnçtrearn

, channe 1. re t t i rn ing the water tcl tlie Danube:

- downstream from t h e power station the artificial channe1

extends for about 10 km. where it joins t h e natural river

bed of t h e Danube:

- a reinforced, concre te doulile navigation lock, besides the

power station, to allow two-way transit of ships up to 70000

gross tonnage

- open foundation p i t s bottoms were sealed by grouting and

subsurface walls were sealed by self-solidifying ciayey

suspension.

The objectives o f t h e scherne a r e : - t o meet the increasing energy demand, making available about

3700 Mio GWh/yr:

- t o allow navigation by means of t h e two navigation locks, a t

any niornent and ùlse during the dry seasons with insufficient

Danube discharge;

- to chntrol t h e f lcw of Danube water along the control led

section of the r iver - f o r a l 1 possible h y d r a r i l i c conditions:

- t o improve recharge conditions to the aquifer upstream frarn the barrage near Hrusuv.

IV. S P E C I F I C PROBLEMS TO BE TAKEN JNTO ACCOUNT AND TO BE SOLVED m

IV, 1. NAVIGATION

A t prtsent, navigation along t h e river Danube, especially i n t h e

region between Bratislava and Komarno. is restricted d u e to

moving sandbanks. The low water level i n l a t e sunimer and autumn

limits ship passage. Construction offthis structure will be part

of t h e p l a n n e d Danube-Rhlne-Maine i n l a n d navigation systein to be

compieted by 1994.

I V . 2 . FLOOD

Flooding occurç regularly on some of t h e flat reaches of the

Danube. Most areas are currently protected by a sys te in of dikes

and canals with pumping stations for inland drainage, The b u i l d -

up of t he Danube bed i n some places ithrough ç i l t and sand

deposition- reduces.the safety of t h e d i k e system and further flood protection is t h e r e f o r e needed.

IV. 3. RECREATION. ,TOURISM RND NATIONAL PARK

The river Dantibe i ç meandering i n this region,. lt h a s a stream

flow of mountain t y p e of reginiv. The meandering sides of river

woodçcape are considered wor-thy of s t a t u ç o f national and

internaciana 1 porl<. The character of. these nieanders a n d wnodl and

l i e s in t h e i r dynarnic Kater and groundwater regime with changing

water surface levels and regular ilooding of rneanderr. I t is incumhent upon t h e nex t generations to preserve t h i s p a r t of t h e

Danube. a r e a creating a state of gradua1 transition intn t h e

f u t u r e national p a r k . This area h a s already b e ~ n degraded by t h e

presence of s t a g n a n t and long-lasting low w a t e r i n t h e r i v e r

meanders. So~ne of thern are already dry. In t h i s connect i c ' n the

planning activities must prominently h e a l wjth c o n c e p t s to

preçerve the species. cor respond i 'ng to t h 8 ~ n t l e r n a t i c l n a l t r e n d .

IV. 4. WATER'QVALITY AND ENVIRONMENTAL ISSUES O

Water quality characteristics and analysis cf possible changes of

water quality i n r i v e r , reservoir and , in rneanders, should be

es t i ina ted as e f f e c t s of w a t e r "stagnation", caused by possible

natural or artificial b a r r a g e s . As,well a:s a hasic description of

water pollution and quality, t h e study sh;ould ~nclude:

- i n e r t m a t e r i a l ç ,

- organic rilaterials and nutrients. , - heavy metals. *

1

, - l i r n n i c effects on the reservoir water,

- redox-conditions.

- ecological evaluation of biotypes,

- priçsibility of potential p o l l u t i o n and r ' i s k s 'connected w i t h

n a v i g a t i o n .

The river Danube is currently plagued wlth serious industrial.

agricultural and domestic w a s t e s . Major contaminants include

municipal sewage, heavy m e t a l ç , nutrientç, @ i l and c i l preducts.

chernicals, and o t h e r man made products. The Danube should n o t be '

t h e uaste transport medium.

The need exists for assessing and eliminàting of industrial and

agricultural w a s t e production in the a r e a u n d e r consideration,

representing a top priority issue for environmental p r o t e c t i o ' n

p l a n s .

D i rec t pollution of ground water f roin t h e s u r f a c e is taking

p l a c e . Therefore sewage and waste water management have ko be

improved .

Sedin ien ta t ion and sol i d t r a n s p o r t is most a p p a r e n t i n the

reservoir. On t h e hasis of existing d a t a i t is necessary to

estimate:

- settling governing condi t ior ï s .

- characteristics and quality of settled sediments especially

grain size and t 'o tal organic carbon,

- effects on t h e natural vertical perme-bility - clogging of

river and reservoir bed and their p o s s i b l e v a r i a t i o n s , - 'bottom stability and pos5ibili'ty of Be&-l'oad control by

various. structures.

Deposition of sediments containing heavy metais and organic

materials in the reservoir should be avoided. Percolatian af such

çontaminants i n t o the aquifer could cause serious, irreversible ground water quality problerns. Therefore a matheniatical mode1 of

river, channel and lake with sedimentolngical prognosis to

evaluate and predict the amount and quality of sediments is to be

used to opt i rnize (or change) future reservoir.*The problem of -- . - -

deposition of silt w i t h organic matter will be acu te In the . Hrusov-Dcinùkility reservoir and in t h e ol,d Danube bed. Results of

this rnodelling sheiuld be compare? with ' t h e processes in Danube

reservoirs in Austria ( e g . Altenwürth. ~ s c h a c h , Grei f e n s t e i n l .

The new hydraulic conditianç i n t h e reservoir signlficantly

rnodify the i n t e r a y t i o n s between the r i v e r reservoir, meanders and

ground water Isee Annex 2 ) . The study must therefore include a

series of analyses and simulation qadels to evaiuate t h e

possibility to improve t h e projected situation. The answers

provided through niodel s in iu l a t i on , will have to be then ' verified.

with real-scale experimentation in second phase.

A detailed three-dimensional coniputer ground water model

interçonnectsd with mode1 o f reçervolr.and river water quality. could refleçt t h e various posslble problemç.

IV. 5 . AGRICULTURAL MANAGEMENT PRACTICES FOR MINIMISING THE

GROUND WATER CONTAMINATION AND DEGRADATION.

Rgriculturai activitî~ç are leading toicontamination of ground

water with following items: : - nitrate and pesticides, - organic matter changing an oxidizing state to reduction one - fuel, oil etc. ( e . g . by using defective machinery),

- concen t r a t ed manures.sewage and other waçtes, - the improper tillaye practices The challenge is to identify, recormend and irnplement agricultural practices that will minimize the potential for grsund water contamination and degradatioii without irnpossng

unrealistic or unnecessary restrictions an agricultural

producers. ~ h & e is a substan;ial ne+ for applied work and

demonstration to evaluate th'e agricultural practices, to minimize

t h e groundwater degradation. to regulata ground water to improve the agricultural production and to minimize the irrigation

In recent years, some integratrd guidelines f o r t h e management of

tillage practices, crop residues and nitrogen fertilizers have

been developed. R n example is t h e NTW, a Soil-Crop Simulation

Mode1 developed at Unlted States Department of Agriculture and a t

University of Mlnesota. Program could b ~ ! probably in terconnectecl

w i t h t h e 3D ground water model.

IV. 6. HYDRAULIC RESERVOIR CONDITIONS

This include hydraulic conditions in reservoir and i n t h e

artificial channels upç t ream and downstrearn f r o i n t h e Gabcikovo

power station. I t is necessary tc solve problerns under different

operational sce.narios and according t@ t h e variaus possible

technical solutions and natural flood occu r r ences :

- filling Limes

- stratification e f f e c t s

- gate and turbine operàticn

- load a n d unload variations

- wave effects due t o natural and artificial phenornena

- system flexibility

- î c e and f r o s t effects

IV. 7. INFLUENCES ON ECOSYSTEM

E f f e c t s çaused by different possihie management and decision

making on: - general ecological conditions

- meanders and riverside woodscape

- agricultural production

- fishery

- phosphorus impact and eutrophication in reservoir and river

It is necessùry to estirnaXe t h e surviving and reproduction

conditions of main water f a u n a and f l o r a .

I V . 8 . MONITORING AND OPERATIONAL CONTROL,SYSTEMS

Actuùl water qua 1 i ty and f low çontuol hetworks should be..examined te assess i f thcy can meet bot11 p r e s e n t and future control

objectives durlng scheme operations o r i f modirications and/or

integrati~ns a r e needed. The envisnged operational mode1 of the

scherne (reservoi-r . hydropower station. channels, old river bed.

meanders) çhould be a l s o carefully examined.

V. METHODOLOGICAZ APPROACH

l

The b r i e f descriptions of t h e main territorial characteristics

clnd t h e mutual interferences allow to , identify methoclcllclgiccll

approach in two distinct phases:

1. Inception r e p o r t . 2 . F i r s t immediate phase of decision making.

3. Second phase of preparing t h e tools for optimizing details

and 1 ong term prob l en is .

Inception r e p o r t , or so called definiLion study, ç h a l l focus on

t h e definition 8f s p c c i a l çubjects related to the envirorimental

and ecological e i f e c t s on the Danubian l c lwland . Th i s s t u d y sl-iell

prepare a working p l a n of required detailed studies and t h e

.integrating pollcy analysis study t o be carried o u t . The main I

goal i s t h e identification of t h e systern,, itç components, and its

b~undaries with other systems within the nature and national

econorny. Decisions on what shciuld he i n c , l u d e d in each çystem and

. - sub-system is a p a r t of this study. The main p a r t s of t h e sy s t em a r e : scirface water, ground water, agriculture, population,

ecology and nature of Danubian lowland. J n c e p t i o n r e p o r t should

, be p r e p a r e d until a month after s t a r t of york.

The first i m e d i p t e phase consists of fo l : lowing actions:

- cooperatim and data collection lfrorn al1 orgari izat ions jnvolved in t h i s region (Monitoring group a t SHMU. GEOFOND.

+ HYRROFOND , IGHP , HYDROCONSULT , , VUVH. agriçultural

organizations, e t c . ) .

- evaluation of a l 1 available d a t a add information of

interferencas and consequences over t h e t e r r i t o r y w i t h and

rqi thout consideration of Gabcikovo hydropower scheme, under

a l 1 possible operating conditions:

- methadological decisions of use of one of existing models or

of developing a special new model for 3D ground w a t e r flow;

nater quality, biological and transport models: agricultural

rnodels: r ibe r and lake sedirnentological mode ls ; geographiçal

and other ' databases: e t c . tailored f o r Z i t n y ostrov conditions;

- definition of d a t a necessary for creating and running t h e

chosen rnodels:

- elaborating rnethods f o r f i e l d d a t a e s t i m a t i o n ;

- prepùring s i m u l a t i o n models - mathematical model clf r i v e r ,

chanje1 and reservoir, ground water flow and quality model,

agricultural management model t o rninirnize ground water

contamination: \

- identify t h e p robab le and p o t c n t i a l ( t r e n d ) e f f e c t s so t h a t

the most suitable managemant decisions can bt? made. k h a t

necessary remedial a c t i o n can imrnediately be i d e n t i f i e d to

e l i rn ina te p o s s i b l e u n a c c e p t a b l e , recurring etc, rislcs: - preparing data for calibration and verlficatian of models

and of carrying nut the çensitivity analyçis.

This should a l 1 be done from t h e . point of view o f :

- i n t e r n a t i o n a l rights.

- ecology and a g r i c u l t u r a l p r o d u c t i o n .

- ecology and environment.

- ground water and river water,

- hydroteçhnics and hydroenergetics

- navigat,,ion and control of rate of flow in Danube,

- economics. - sociology, hygiene 'and human ecology.

A t the end of the Eirst phase definite general decisions as to

t h e ' technical solutions should be t a k e n . The deç igns s h a l l be

submitted t o t h e representative of the government. The gene ra l

d e c i s i o n s will be made on n ~ t cùlibrated determinigtic models.

The second phase is appointed to cllibration and verificqtion of

the potentinl effects previously identified and i ç determineci to

analysis of the actual e f f e c t s taking place. In other words. a

great. portion or t h e assumed c o n d i k l r i i ~ s will be experimented w i t l i I

' the real scale. The actual e f f e c t s , additional design criteria,

scheme management criteria can be a l l ascertained i n the context

of t h e priority bbjectives which are to , be accomplished. T h i s

phase can be definiteky considered as the most difficult and

delicate one. requiring the most careful' analysis in a cornplex

inter-disciplinary frarnework and definite levels a f

responsihi 1 itieç for decision making i n P i loting and controll i n g

such a c o ~ n p l e x i t y of mutual interferences.

?'h+ second phase activities will finally allow callbration of a single, large and COmFlex management ~ o d e l of t h e Gahclkovo

system, capable of providing answer - s on various technical

q u e s t i o n s . The seconcl p h a s e shal l comprise t he technical and

economic report on the basls of the appr*oved gener 'al scheme.

At the end of the. phase. a l 1 niclde 1 1 i r ~ g systeins shotilcl be handed

ovcr t o t h e organiaatlon responsible f o r controll~ng a l 1

activities and works in the broad a r e a c~f~interest, which will be

estahlished during t h i ç programme. l

V I . REQUIRED PROFESSIONALS AND DATA PROCESSING RESOURCES

VI. 1. INFORMATION SYSTEM I

For s t o r ù g e . manipulation, analysis, djsplay of d a t a and f ~ r data

preparing for various types of models a computeriztd i n f o r m a t i o n

system is needed. This systcm should integrate acceçs to al1

enviror imental and special data,needed to make t h e most efficient

use in decision making, while protecting the natural and cultural

resources. The system s l i e u l d hé i n t e r n a t i ~ n a l l ~ interconnected tn

serve a s data and technology t r a n s f e r . Frobably the Geogrsphic

Xnf~rmation System GIS is t h e most efficient syçtem available.

15 1 I

- IRM RISC Systern/6000 Workstation, ( R ~ I X - L I N I X I

- PC 386 type with 6 0 MB hard d i s k . 1 - LapTup cornputer f o r f i e l d work.

- graphic periphera 1 f aci 1 i t les, i;or p roduc ing thernat ic

d i g i t a l maps e t c . (graphic v i d e s te rn i lna lç , digitiiers,

scanners. plotters, printers,, a E pha:ilunieric video terrninals

e t c . ) . I 1 - color xerox, f a x . I

- c a r and transport, I

- networking fàcilities, 1 - sof t w ù r e : Geographical - Inforrnatlicin Syçtern. models,

compilers. databases, edikors, e t c . , ;

- meaçuring. analytical chemistry. j and other f i e l d and monitoring equipments. l

O f f e r of hardware eqi i ip inent , sciftvare. deasuring and analytical

chemietry aiid mnni toring eil~ii pmeiit shoi( ld be mnde through t h e

p l -o fess iona l E.C. propcis ing firms. to b g t t e r evaluate equjprnent

rec lui rernentç . wlth cooperation with t h e /slcrvak o r g , i n i z c i t i n n s and

t h e f u t u r e user

The cornpl e t e 1 ist of reqciir-ed equipmedt wi l l be p u t together d u r ing t h e i n c e p t ion r e p o r t p h a s e .

1 l

1 I

1

VII. WORK ORGANIZATION I

Central office far the execution of the entire programme will be . -

establishea at t h e Rlnistry's Expert group '"Ground wàter". Mhere most of the ground water data and analysis will bc availalle. Local expertise shall a l s o include: - t h e consulting group "Ground WaterU'and experts from Faculty

of Natural Sciences of Lciroenius University, - experts from t h e Slovak Hydr~meteoroiogical Instifute .

(Monitoring groupl. Hydroconsultl - general projecting l

organization, VUVH and other researyh institutions.

Foreign and Slovak experts w i l l a ç t andiwork tbgether as an 1

independent w o r l c i n g tesin and w i 1 1 t a k e n ia i11 methadologica1

reFponsibi1ities l n t h e organizatjon and execcitian o f t h e

p rc i j ec t .

I t is recommended the participation of two EC member s t a t e firrns.

speciallzed i n ~ n v i r o n n i e n t a i control p l a n s , hydropower- schernes,

ground water, rnodel l ing, ground water protection, territorial

information systérns, e t c . with experlence and capabilities i n large areas environmental control conceptions.

WORK ORGANIZATION

EURCiPEPiN SLOV AK GOVEHNMENTRL FEDERAL GOVERNMENTAL

COI*?IWNITIES INSTITUTIONS INSTITUTIONS

Ministry o f w a t r r and forest

STEERING COMPIITTEE

PROJECT TEAM LEADERS

EC expert firms Data processing

and Slovak and ç e n t e r s

f oreign exper ts

CSFH

organi za t ions

VIII. WORK SCHEDULE 1

l Fii-çt phase: 12 rnclnths + ~ Second phase: 12 months

I X . COSTS

Total project costs referring to slovak ferritory are es t i rna ted in about 3 Mio ECU, divided as fol l c l w s :

IiydraIogy. river, channel. meanders, reservoir 0 . 6 Mio. ECU G r u i ~ n d water (mode1 l i n g , cal l b r a t i o i i , e t c : 1 1 . 2 Mio. ECU

Agri~ultural management, env l ron rnen t 0 .5 Mio. ECU

Hardware ancl softwure f a c i l i i ics arid measuring

equipments including installation 1

( i n addition to t h e exlsting oncs) ' 0 . 7 Mio. ECU

1

3.0 Mio. ECU

Local i n p u t s : nicinitor-irig. d a t a col lection: geological lahoratory and f i e l d worl:, re~earch'tcchnical

w o r k e t c . 20.0 Mio. Kcs Q

Construction workç and productive projeyts will be provided by

t h e government.

Precise c o s t surnmary table should be , p r e s e n t e d in incaption

r e p o r t .

1

X . SUHMARY G TERMS OF REFERENCES

The sumrnary recapitulates t h e proposed wcirk

l

1. Activities dealing w i t h reserv~ir, r i v e r . channel. meanders 1

1

a / Preparat ion o f mode 1. o p t irnixi ntj both sedi inentat ion

processes and water quality processes in reservoir. channel, old river bed of the Danube and river branches.

Collection of al1 necessavy data.

Optimization of existing and prejected schemes.

Estimation of impact on ground water.

Navigation

Ground water flow and quality rnodel

Development and preparation of the rnodel which includes 3D

ground hater flow and water qua1 ity processes including at

least dissolved oxygen. nitrate and organic material as

mobile and immobile phase. Collection of a l 1 neceççary data.

Elaborating methods of parameter estimation. Estimation of rnicrobiological data u n d e r aerabic and

anaerobic conditions.

Testing of hypotheses and cornparison with f i e l d

measurements.

Optimization of existing and projected s t r a t e g y of ground

water exploitation and protection.

Agricultural management practices to minimlze ground water

degradation.

Management practices.

Water management and irrigation.

Impact on ground water. Agricultural management rnodels. Optirnization of existing agricultural practices.

Public health. environmental and ecological management

Ecologîcal and environmental o p t î r n i z a t i o n of inhabited areas Optirnization of natural environment

National and international park

Riverside lowlands woodscape protection

Ichtio-ecological improvements

1

f / Protection of fauna and flora I l

5 . Systems analysis and policy analysis.! ,

a/ Systems analysis and policy analysis r-elated to mentioned

topics in rekation ta environmental and eco log i ca l effects.

b/ T r a n s f e r of tools (cornputer models and equipment) and

related institutional support (training)

c / Assistance i n t h e executian of t h e policy analysis study to I

investigate and optimize t h e various !alternatives.

d/ Training en the use of above tools ande support of local t

çcientists and engineers i n the actual application of the

toels and t h e analysis

X I . REQUIRED SPECIALIÇTS l

Specialists for preparation of inception G e p o r t :

Project t e a m leader I

River and reservoir engi neer-3 ng consil tant

Ground water protection specialiçt 1 I

Ecolog1st

Agricultural speciallst

Specialists for the flrst and second phasé o f project:

Projeç-t team 1 eade r

River and reservoir engineering consultant.

~ i r n n o l o b i s t and sedimentol~~ist' Environmental and ecological scientist

Ground,water flow modeler

Ground wa te r q u a l i t y modeler

Cornputer g raph ie ' s s p e c i a l i s t

Geographic i n f orniat ion system ana lyst Agricultural çpecialist l Geochemist hydrogeochemist I

System analyst I

Lowland forester specialist 1

1 1

Ichtiologiçt

Public health e x p e r t

Navigation specaalist

International law expert

Specialiçts w i l l be included i n t o slovak working teams.

RepresentatL~e. of Government of The Czech and Slovak Federat ive Republia- and. S lovak Republ lc for the construck ion and muiagernent of Gabti kovo ~Jl&maros hydropower scheme Ing . Dominik ~ocinger Lr. L. Uavomeského 2 842 18 Bratislava

Phone: (07) 327220 F a x : (07) 327902

Go~rnmen ta l Commissianer f o r t h e Danube A f f a i r s D r . George S'Smsondi K iss Frime Minister' s Off Lee H-1055 Budapest Phone: 1'12-76-76

l .. . Kossuth ,. ter 4 Fax: f 12-76-83

Hungsry

I Agreement cn Joint Czecho-S lovakian 2r.d i4mgariz . r Cooperat f cn an +.he PEME - Environmen t P r o t e c t i o n l

1

SURFACE 'd+,T"fR .WD GRCUND . VAF-4 MOFEL CFDDANUa :AU LC&'LA-YD PETWEEN B R A T I S L A V A AND K O W N O :

ECOFCGICAL MODEL. OF WAI=,P RESCURCES .UD M . A C - E . e ! I T

Ground wz-ler is one of t h e m c s t l rnportznc sources cf k e t e r f o r human =d f lcra a ~ d tarina in D m & i r n lwvlanc, both in tiungarian w.d Slovak territory. me trezes i n the quîlity cf ground water are wcrry ing . D e g r z b ~ t i o r . luid polluticn of g rcwd water is far,more serlous t h u i we thocght 2nd t h a t t h e cazllty of t he ground water 1s deterioreting f~ster : h m h e s hitherto been assumed .

In order io lrnplernent e scientifkcally based gromd uater ccntrol progrunme in the Duiubizn l o w l d d territory It is necesszry t h z t 2 scientific research p r o g r m e will be, 2.i cornmon p r c g r m e af +ugariui, slovak znd i n t e r n a t i o n a l surface water a d grcmd water .pec!zlisks. This project s h ~ l l help to initizlize the internztioncl çooperation in Dmubiui l ow?md area -a hcl?' to brlng to e cceperetian hungarla 2nd slovak speeialists.

Rie objective of t h e required eomprehensive study ds to evaluate a d ver i fy the effeçts af previous activities and by the new hydréulic system of hydropower development. The goal is ta define the rernedial actlans and optlmizatlan 01 all mutual i r i t r t r f erences . A permanent op t imi rz't 'on m d manegemen t mcde 1 1 s to be developed by this project. I

Slovak, Hungarian and foreign e x p e r t s will act and work toge thér as an independent workfng team and' will t a k e main methodological responsibilfties 'in t h e organization and execution of the project. This' group wilI be included in coardinotive a d investigative group "Ground Water" wh i ch has been est zb l ished at the Faculty of Natural Çcf ences, C o m e n i u s University in Bratislava.

Description af conditions, specific problems to be t a k e n i n t a . açcomt and to be solved, methodolaglcal approach is given in the "Invi kat i o n of proposais" of this pro j ec t .

kt t h e beginning o f the project definition study should be prepared. This study, or so called inception kepor t s h a l l focus on t he definition of speclal subjects relateci to the environmental and ecolagical éffects on the Danubian lauland. This study shall prepare a working plan of required detailed studies and the integrating policy analys is study to he carried ou t . The main goal is the identification of t h e system, its ,

components, and its boundaries wlth other systems xlthin the nature and national economy. Decisions on w h a t s h a u l d be included i n each system and subsystern is a p a r t of this s tudy . The main parts of the systern are: sur face water, ground uater, q r l c u l t u r e , populat Lon, ecology and n a t u r e o f Duiubim iovluid. Inceptlon report s h o u l d be prepared m t k P a mon t h af t e r s t a r t af w a r k .

A t the end of the proJec t ui ~ntegraked rncdell ing s y s t e ~ 1s to S e developed, This system should be able to run simulation ~ o d e l s cf river f l b v , ground water f l o u , ground w a t e r quality and Impact af agriculture on ground water te p-rovide b e t t e r unders tmding of the interrelated processes Lnvo lved , thei r in te rack i o n s m d besis for decision making.

Bratislzva - Budapest, ,26. Oct. 1999

Ing . Domini k Koclnger D r . George SUnsandi Kiss

Annex 50

MEMQRANDA ON THE MEETINGS OF THE COMM~TTEES EVALURTINC THE VARIATIONAL SOLUT~ON OF THE CZECHOSCOVAK PART OF THE GABCIKOVD-NAGYWOS BARRAGE SYSTEM,

HYDROCONSULT, BRATISLAVA, SEPTEMBER-NOVEMBER 1990

The meeting was convened in accordance with the discussion held on 25 October 1990 by HYCO.

Attending: al1 those listed on the attached attendance sheet

Since no joint proposal was made, the Chairmen pf the individual cornmirtees made the following proposais:

1) Dr. Kozovi (ecology and environmental protection) proposes to set up a synthesising group $0 integrate the views of the ecological, water management and production groups.

2) Ing. Seewald (water-supply engineering and energetics) states that none of the alternatives may be rejected.. The cornmittee has no reason to change its view on Variant "A", because this one is recommended as the only real solution. ,

3) Dr. Mucha (water management) recommends not td evaiuate the individual alternatives, but rather to resolve the open issues. The 7 alternatives do npt star t from a demand for meeting ecological conditions, but they were defined through political considerations. Only technical input data are available so far for the randomly selected 7 alternatives. The incomparable things have been compared to one another so far.

I

4) " Ing. LiSka (economics and production) says that it'is necessary to calcuiate the impact of the individual dtematives compared to the Joint Contractual Plan. The open issues should be resolved within the frarnework of the 19 rneasures of the Ministry for Forest and Water Management (24 million Czechoslovakian crawns) and based on those results that are reviewed in tems of the impacts of the barrage. Some committees have not yet provided the data necessary for an economic evaluation (with the exception of Ing. Fulajtir who assumed, however, the implementation of the Joint Contractual Plan and ignored the, alterations to the old charnel of the Danube and its impacts on groundwater). I

I

5) Ing. Cifra (representing Ing. Fulajtir, ecological broduction) says that all alternatives should be docurnented from the aspect of the present state 'of howledge, however, an explicit proposa1 should be made for the most appropriate alternative. 1

In conclusion, Ing. LiSka repeated that the following are necessary for the evaluation of the individual alternatives:

1

1) investment and operational costs;

2) profits: from hydroelectric power and other profits (shipping, flood control), complementary investments (flood control rneasures), navigation (Ing. Kucik), agriculture (forestry, fishery, hunting - Ing. Matejka, Ing. Kolbinger, Ing. Bockovskh), h h a n ecology of the local population (Dr. Synek).

I

I

167

Finally, it was sîated that the different views of the cornittees cannot be summarised and reconciled in a way that is not contradictory and that this has to be reso1ved at a higher level.

Recorded by Ing, Rosina

on the discussion of the technical input data of "The 7 alternative solutions for ththe utilisation of the GNB" presented by HYCO Bratislava 1

Based on the Memrirandum of the discussion held on 14 Septembet 1940 by the Minishy for Forest and Water Management of the Republic of Slovakia, a working discussion was held in order to establish a procedure for developing the variational solutions of the GabEikovo Barrage and to discuss the papers presented to the Water Supply Engineering and Energetics Cornrnittee, with the participation of the following persons:

1

Ing. Vladimir Seewald, DrSc - Chairman of the Committee Ing. Jiri Kulis, CSc Ing. Jozef Janovicky Ing. Martin BaCik, CSc Ing. Ludovit Mozicsik Ing. Stefan Hrornada, DrSc Ing. Frantisek Cizik

The meeting of îhe Committee was opened by the Chaiman, who briefly summarised the obligations fatiing on the mernbers of the Committee in accordance with the discussion of the Chaimen of the cornmittees. First, a general debate was held on the paperç presented, then the remarks to the individual parts were discussed.

Having sîudied and discussed the papers, the Water Supply Engineering and Energetics Cornrnittee makes the following statement and comments:

A) The completion of the GabEikovo-Nagymaros Barrage System based on the orisnal plan

In tems of the benefits for energetics conceming the arnount of hydroelectric power and its required transport in the daiiy load diagram (peak production), as well as in tems of the distribution of the power supplied, this is the most appropriate alternative, since in its case al1 the - constructed facilities are fully utilised. I

The planned alternative engineering solution is preferred by the Committee compared to , the original solution on the reach of the old channel of the Danube and on the reach of the

PalkoviEovo-WniSov Reservoir on the left hand side floodplain in terms of water management and navigation (providing for sports boating). Wowever, the benefits for and functions of energetics are limited to an admissible extent compared to their original magnitude.

It is neçessary, however, to amend Variant "A" in the following way:

1) The contribution of the main users of GNB should be made concrete in the form of data that are physical and calculable in units of rneasure on: ,

- international navigation;

- watet management; I

- energetics (prices and the ratio of the prices of basic alti peak energy).

' They are only to be approximaied , because the general definition of benefits does not give a proper pi~ture of the benefits and losses.

2) Data on hydroelectric power generation, s h o w in the tables on pages 3 and 14 should be brought to a Eevel that is comparable in order to make the benefits and losses clear in physiral units between the: original solution as well as the solution of the old channel of the Danube and the ~ a l k o v i ~ o v o - h ~ o v Reservoir on the lefi hand side floodplain.

With respect to the table shown on page 3, it should be mentioned that the data are in agreement with the Joint Contractual Plan and are also valid for the dredged and un-dredged channel at PalkoviEovo.

3) The paragraph on the power canal on page 5 should be amended by the addition of data on discharge, 5050 m3/sec (or what discharge the velocity of 1.3 m/s is linked to). The paragraph on the tail-race canal should be amended by the addition of data on flow of the levels for the crucial facilities and at various levels of operation of the GabEikovo power plant.

4) At the paragraph on the GabEikovo Barrage on page 6, the method of defining peak operation (daily running up in peak operation, when the First two machines may be loaded afier phasing the machines, 40 to 60 sec, afier 20 sec the following machine, etc.) should be considered in terms of the restrictions on navigation.

The text on energy-fiee operation should be amended in an understandable form (tkis part: "Therefore, spillways had been recommended, which were abandoned in the meantirne" should be amended with "However, their function is not substituted for by the energy-fiee operation of the turbines of the hydroelectric power plant").

It would be appropriate, if it were mentioned with the data shown in the last Iine of Zhis page the arnount by which power generation will be increased with the deepening of the channel of the Danube dowstrearn of the GabEikovo power plant (and by how much it will decrease, if the channel is not deepened).

5 ) On page 7, the second paragraph should be amended as follows: "The old channel of the Danube has to CPT from the reservoir any discharge over and above the maximum arnount carried through hi. turbines, the ice and suspended sediment ..."

The last pmagraph on this page should be amended by the addition of information on permanent discharges of refreshment. Data should be shown on its energetic utilisation, which is, however, lower as if this discharge were carried through the GabEikovo ~ a & g e .

6) On page 19, the first line should be amended by "With the functioning of the GabEikovo Barrage and the balancing of the water levels as weIl as by ensurhg proper conditions for navigation at any kind of operation of the hydroelectric powes plant".

7) On page 11, the fint paragraph should be amended wiîh "Dobrohost", its functions, including the planned energetic utilisation of the facility.

The last paragraph on the planned solution need to be amended by: " With the production tosses of the Gabrikovo hydroelectric power plant,.compared to the original Variant "A"*

8) On page 12, it should be expIained in the second paragraph, whether the subsequeni discharge will be 50 m31sec or 350 m3/sec.

9) With respect to the updated engineering solutions of the old channel referred to on page 1 1 to 14, the following was mentioned:

- the possibility of the energetic utilisation of the planned impoundment facilities should be considered, e.g., with the construction of "micro-" hydroelectric power plants as riverside facilities;

- the old channel and the river branch system were to be evaluated separately. Thé considerations should be harmonised and mutual relations should be established.

- the establishment, signifi came and ecological function of a monitoring system were not mentioned anywhere; I

- the terni "pilot operation" was not rnentioned anywhere; the results of its monitoring should be used for making deçisions on the further methods of operation;

- it should be considered whether it was necessary to provide for emergency navigation at all; where such a solution was applied in the world and whether emergency navigation was included in the Joint Contractual Plan.

B) The completion of the GabEikovo Barrage based on the original plan, without the Nagymaros Barrage, and its operation on a continuous basis

It is necessary to mention that the authors of the technical input data present this alternative as Variant "CM.

In principle, this alternative will significantly decrease the benefits of GNB and will have an impact on the sunounding areas.

I

The Cornittee points out the following: I ( 4

1) The first paragraph on page 1 should be h m o n i k d with the negotiating policies of the govemrnent (is only the continuous operation consideied or will the so called "wave operation" be possible as well?). The impacts on navigation, water management and hydroelectric power should be specified.

2) The data in the tabfe on page 2 should be justifikd more accurately in cornparison with the data in the tables on pages 3 and 14 of Variant "A".

C) h supplementary solution for the GabEikovo Barrage: the closure of the main channel of the Danube in the area of çunovo on Czechoslovakiq territory without the Nagymaros Barrage

It is necessary to mention that the authors of the technical input data denote this alternative with a "B". I

Furthemore, it is necessary to mention that this alternative is described very poorly and superficially and even the interested workers have dificulties in finding their bearings in this alternative.

Having discussed the solutions, the Committee considers this alternative realisable, however, it sees a major problem in the impkmentation of the closure of the çhannel of the Danube.

In the case of Subaltemative 1, level 129 is necessary to explain some circumstances concerning energy (what is the maximum discharge flow through the GabEikovo Barrage and how at this level it is justified to generate 2,429.4 GWh); the circumstances concerning navigation and water management (facilities for navigation, extraction of water for the Slovnaft Oil Refinery ...).

In the case of Subalternative 2, a few explmations are necessary, despite the fact that level 131 as considered does not involve the same problems which occurred in the case of Subalternative 1.

D) The completion of the GabEikovo Barrage without the construction of the HruSov Reservoir and thé Nagymaros Barrage, the closure of the Channel of the Danube at the Bratislava-Dunakiliti reach and the installation of turbines in the Dunakiliti Barrage

The Committee establishes that it lacks a suficient description of the above-mentioned alternative to be able to respond to some serious problems. The above-mentioned alternative does not resolve the problems of navigation, which were guaranteed by the original GabEikovo- Nagymaros Barrage System. The accomplishment of water management objectives seems to be v e j probletnatic, such as the carrying of levels at high waters, winter operation, the process of siltation in areas beyond the levees, a decrease in the m a of infiltration, an impact of reducing the çapaciSy of the waterworks at Dobrohost, the flood control of Bratislava, the narrowing d o m of the floodplain to a width of 500 m, etc.

i n t ems of generation capacity, it is necessary to review whether a discharge of 4,000 m3/sec çan be cmied through the turbines at level 129 and a1so the impact and output related to it, the elimination of wave operation, etc.

The Cornmittee considers Variant " D as inadequate for implementation.

E) The use of the power canal of the GabEikovo Barrage for navigational purposes and flood control

In the case of this alternative, there is a disagreement in principle between the facts presented in the text and its title. The Cornmittee considers this alternative as technically impossible.

F) Stopping al1 work on the Gabçikovo-Nagyrnaros Barrage Systern and preserving the whole facility roughly in its present sbte

The Cornmittee considers this alternative as technically impossible and the losçes arising from its implementation are very high.

G ) A gradua1 dismantling of the GabEikovo Barrage and' restoring the environment to its original state

This alternative is absolutely impossible technically and the losses arising from the implementation of these objectives are enforceable.

In addition to the rernarks made about the individual variants (A-G) mentioned above, the Cornmittee points out the following problems as well:

The financial impacts of energetics are not s h o w . Energetics finances its own share from its own resources and loans. Who will cornpensate energetics for not meeting the planned parameters due to failing lo constnict the hydroelectric power station at Nagymaros and due to an increase in non-energetic purchases?

- The impacts of not constnicting the hydroelectric power station at Nagymaros on the possibilities of irnplementing the downstream barrages on the River Vah (Hron) are not shoyvn.

The consequences of not constructing VLR are not shown with respect to the problems of the supplementary sources of energy, especially on the regulatory work in the electric power systern and on landscape ecology.

- It would be necessary to amend the paper with the economic impacts of the individual aiternatives, in terms of fmancing the construction, in terms of new demand for the investment and non-investment resources, and with a review of the amount of lasses due to failing to implement the first alternative or due to irnplementing it later.

- It should be pointed,out what is to be done with navigation. With respect to ensuring the necessaq parameters for navigation, it is not possible to maintain equivdent conditions using çlassic methods.

Bratislava - Irencin, October 11, 1990

Prepared by h g . Vladimir Seewald, DrSc

Ing. Frantisek Cizik

Water Management Cornmittee - surface water and groundwater

Members : Prof. Dr. Igor Mucha, DrSc - PFUK, Bratislava Prof. Ing Vficlav Halek, DrSc - Y W VHS, Brno Ing. RNDr Vladimir Pelikin, DrSc - VUGI, Brno RNDr Alexander Kanal, CSc - PD, Bratislava Ing. Olu Misut, CSc - WW, Bratislava RNDr Stanislav Klauco - SHMU, Bratislava RNDr Zdena Dacova - IGHP, Bratislava

ln accordance with the discussion held on 14 September 1990 at the Ministry for Forest and Water Management of the Republic of Slovakia, the Cornmittee worked out a procedure for the variationai so1utions of the utilisation of the GabEikovo Barrage and made the following statement:

A. The completion the GabEikovo-Nagymaros Barrage System based on the original plan

Variant "A" will threaten groundwater quality in the impact area of the reservoir. The water extraction sites at Kalinkovo and Samorin will be considerably closer to the reservoir. It is assumed that siltation will occur in the reservoir with the deposition of suspended sediments. Based on 1imnologicaL data, in the case of the infiltration of water through botîom sediments, even water enriched with oxygen looses its oxygen content afier a few millimetres and a reducing environment devetops. The infiltrated water becomes rich with organic matter and, if this exceeds 1 mgll, not even artificial aeration (oxygen enrichment) çan be used to ensure an oxidising environment. In the meanwhile, it should be monitored that the infiltrated amount could be very high and the flow present in the gave1 with hi& pemeability could be very strong. Moreover, the colmatation of the reservoir could result in the lowering of the water table. This hazard could be eliminated by cleaning and deepening the bottom. As a result, however, organic heavy metd complexes present in the bottom sediment may get mobilised. Variant "A" will considerably lower the groundwater Ieuels, whereby the introduction of oxygen through the layer will be deçreased.

Certain developments and improvements could be achieved by constructing appropriate facilities, rnodibing water level fluctuation in the reservoir and also in the groundwater. However, this should be modelled.

The reservoir cannot be filled up expetimentnlly, because once the reducing environment becomes established, re-establishing the oxidation process cannot be directly redised by emptying the reservoir.

Considering this alternative with respect to groundwater, further measures should also be taken in agicultural activities and in the regdation of the groundwater regime. The regulation of the groundwater regime should also be carried out for the optimisation of agricuitural production, mainly by cutting back on imgation in the upstream part of Zitny Ostrov.

B. The completion of the GabEikovo Barrage based on the original plan, without the Nagyrnaros Barrage, with impoundment on SIovak territory

Variant "B" assumes that the right hand side dyke of the reservoir will be located on the Ieft hand side bank of the Danube (from the 1841st to the 1851st river km). In terms of

groundwater, this solution is sirnilar to Variant "A", however, the area of the reservoir will be smaller and the operation wilt be perfonned on a continuous basis. By developing ihe right hand side dyke, the siltation taking place in the reservoir, and actually up to the rnourh of the canal at the Y 85 1 st river km, can be optimised. Sirice continuous operation is asurned, a similar regulatiod could be çarried out between the 185 1st river km as well, or a fixed weir could be established with a temporary closure and the barrage could be conçtnicted somewhere else (closer to Bratislava).

With such modifications, an adequate grain composition of the bottom, a decrease in the organic matter content in the bottom sediments, a greater fluctuation of the groundwater levels and n consequent reduction of siltation, and an increase in the groundwater levels in the upstrearn parts of Zitny Ostrov could be attained. At the same time, the so called "Stary les" area could be reclaimed on the right hand side bat& of the Danube, possibly for the purposes of a watenvorks. In addition, a positive impact çould be exerted on the Ostrovne Lucky Watenvorks.

Of course, finding the optimum solution may be attained through rnodeHing the processes of sedimentation in the resenioir and the processes of groundwater quality.

C. The completion of the GabEikovo Barrage based on the original plan, with operation on a continuous basis

This alternative is similar to Variant "A" in ternis of groundwater dynarnics. The existence of the resenfoir ivill reduce the natural dynarnics of the fluctuations of levels in the reservoir and the groundwater, which will impose greater hazard to groundwater quality. This alternative will have more benefits downstream with respect.to higher levels of groundwater. This alternative may be exçepted only as a solution with reduced life span,

D. The completion of the GabEikovo Barrage without resenioir and the closure of the channel of the Danube between Bratislava and Dunakiliti

This alternative is advantageous because the suspended sediments in the reservoir rnay be optimised. Its further advantage is tfiat the new dyke will be farther away from the water extraction sites at Kalinkovo and Samorin. Itç disadvantage is thnt it will divide the area and relatively narrow polders will result on both sides. With this alternative, however, the location of the: dikes rnay be M e r optimised and the canai rnay be relocpted perhaps towards either of the already constructed dikes.

The Variants "E", "Fu and "Gu are inadmissible with ;espect fo groundwater quality. l

The sumrnary and view of the Cornmittee: 1

The goal of this review was to evaluate the individual alternatives in accordance with the decision made on 27 August 1990 by the Prime Minister's Ofice of the Republic of Slovakia.

The Working Group on Groundwater and Surface Water adopted the following:

1) The quality of the groundwater in the plains bordering the Danube depends on various factors, of which one is the construction of the barrage.

2) Groundwater qualiiy is affected in positive and negativelsense by: - the water quality of the Danube; I

- the regulation of the Danube and its branches; - the water retaining characteristics of the river and the characteristics of the bortom

sediments of the branches; - the regime of the fluctuations of the groundwater level; - the depîh of the water table; - the geological, physical, chernical, biological and pedological characteristics of those

sedirnents, which contain groundwater, through whiçh it flows or infiltrates; - agricultural activity; - forest management; - population and the quality of the wziter system and the sewerage; - warehouses, depots, landfills and everything that is related to hman activities; - the bulidozing and the infilling of branches and depressions; - the quality of air and precipitation; - the velocity of water flow and its changes in the reservoir, in the river and in the

branches.

3) The quality of surface watet is affected by: - the flow regime and the regime of the water level fluctuations in the Danube, its branches and the canals; - flow, the area of the levels and hydrametearological impacts; - the quality of waters flowing into the area of the plains bordering the Danube; - the amounts oforganic matter and substances causing eutrophication present in the

water; - the development of the bottom and the banks of the reservoir, the river and the branches; - various effiuent discharges into receiving waters; - direct pollution.

4) In ternis of groundwater and surface water, the solution should be cornplex. This means that in addition to the measures related to the barrage, measures of hygiene, landscape ecology, agriculture, farestry, sociology, architecture, namal science and, of course, hydrogeology should also be taken.

The impacts related to the latter are already very adverse. Despite the fact that a water conservation area is involved, facilities have been constructed like the Slovnaït Oil Refinery, extensive agicultural activities are pursucd, sewerage and sewage treatment are lacking, etc. After the constructian of watertight walls, the problem of alkalinisation has emerged downstream of Palkoviriovo as well.

The Çommittee also considered, furthemore, that the Nagyrnaros Barnage would not be conscnicted. Havjng evaluated the positive and negative impactqof the individual alternàtives, as well as having weighed the pros and cons of the impacts on groundwater, the Cornittee recornmends the following soIution:

1) The drainage canal should be extended without waterproofing along the lefi hand side levee so the whoIe canal falls on Slovak territory north of the original channel of the Danube.

2) The reclaimed part of the reservoir and the Danube branches may be rehabilitated to their original state or they may be used as areas for watenuorks.

3) The barrage should be pushed upsrream, for example to the 1853th river km. The most appropriate location for it should be determined.

43 The location and the width of the new channel should be optimised so that the unwanted suspended sediments will not be deposited in it. The level and the velocity of the water in the new channel should also be optimised.

53 On the Danube mach, south of the head-race canal and on the rehabilitated part of the reservoir, measures should be taken similar to those conternplated in Variant "A", and these should be further optimised in tems of ecology, the water quaIity of the branches and bottomland forests.

6) A zone should be designated for the extraction 'of groundwater, cg., belween the Danube and the Bratislava-Samorin state highway. ln this zone, al1 measures should be taken to ensure groundwater quality (agriculture, depots, water system, sewerage, construction). The ecologicai measures should be implemented on the whole area.

\ 7) An operational regime for the canals and the weir of the barrage should be

recomniended such that the level of groundwater will not be s tapmt .

8) A solution should be recommended to ensure that the groundwater level in the upstream part of Zitny Ostrov is such that agicultural activities are optimised and the demand for irrigation is reduced at least partially, because irrigation is mainly responsible for transporting organic matter and nitrates, etc., to the groundwater.

9) A way for rehabilitation should be reçommended for the reclaimed areas of the reservoir. I

10) Ecological measures and work should be recommended for the areas of the Danube branches (bulldozing, improving the flow conditions of the branches, forestr, activities etc.).

11) The various alternatives for protecting groundwater are to be reviewed, and may be changed with respect to Slovnaft, CHZJO, plants, and the city of Bratislava.

1

12) AgricuIturai production should be optimisedl in the whole area and cornplex measures should be taken to pmtect the m a and the groundwater. This applies to al1 hiiman activities as well as to surface water and gromdwater. Sewage treatment plants, sewerage, the discharge of emuents with h m f u l substances, the proper construction of dcpots (on suitable sites) and many others should be added to rhese.

The Committee came to the conclusion that by adopting the 'measures identified above and this alternative, damges could be reduced in the following ways:

1) The sedimentation upstream of the head-race canal could be optirnised so that the dariiaging sediments in the groundwater would not get deposited. The quality of infiltrated water would improve. The possibility of the demobilisatih of micr~biological poilution would be reduced along with the pollution by heavy rnetais and organïc rnatters, etc. No dredging of the bottom will be needed due to lower levels of colmatation.

2) Colmatation would be elirninated and, as a result, groundwater levels would rise in the upstream part of Zitny Ostrov. ~ h e difference behveen l e amount infiltrated after the filling

up of VLR and sustained operation would be decreased. The infiltration of groundwater would increase to the level that prevailed a few decades ago and al1 this would take place as needed.

3) The deterioration of the quality of surface waters would be reduced to a minimum.

4) Groundwater withdrawal could be optimised, and thus potential water extraction areas çould be recommended for the utilisation of groundwater.

5) Groundwater levels would rise and with this, gradients would become smaller in the area of Slovnaft. This would have a beneficial effect.

6) In the upstream part of Zitny Ostrov, the rise of groundwater levels wauld be moderated, or they would make up for the losses of agricultural production, and this would even have a direct impact on the reduction of irrigation thus also on the pollution of groundwater. At the same time, the percolation of water with higher mineral content to the groiindwater levels would be reduced, which would probably have a beneficial effect.

7) As a result of the lack of dredging downstream of the GabEikovo Barrage, Ihe alkalinisation of soils may be resolved with deep drainage. (Quantitative experirnents have already been carried out.) ln consideration of the rising water table, however, we recommend a review of the plan to deepen the channel.

8) The agrjcultural area occupied wil1 be reduced,

9) The old channe1 of the Danube will get elongated and some of the river branch system will be renewed on its tehabilitated part, which may, in the case of appropriate development and based on the operational regime of the weir, have a beneficial effect on Fish production. The same stands fat the production of forests and wildlife.

10) Some of the natural environment may be restored and the self-purification potential of the landscape will be enhançed,

11) The area of the National Park will increase. With the proper use of the knowledge on landscape ecotogy, new recreational areas may be designed at the edge of the park, new water surfaces in the grave1 quarries, etc. The park should be made accessible, but the facilities should be constnicted outside the park.

12) With the measures taken sowth of the head-race canal, a rise in the goundwater level rnay occur. With water level regdation similar to that of Variant "A", the original natural regime of water level fluctuation may be optimised in the main channel of the Danube and in the river branch system.

13) Any other negative elements not related to the construction of the GabEikovo Barrage will be reduced over al1 of the plains region bordering the Danube.

None of the benefits will be achieved without measures taken for their realisation. Al1 of them Envolve the elements of optimisation, improvement and complex solution. With regard to a great number of issues, however, .the engineering solutions are not yet çornplekly clear. It is recommended that al1 problems should be resolved gradually and in CO-operation with the interested experts and planners. 1

(Page 20 of the Hungarian text is missing.)

The Opinion in S u m m a q of the Ecological Production Committee in Relation to the Variational Solutions of the Utilisation of the GNB

The subject of the work of the Comrnittee was to evaluate the 7 variational solutions of the utilisation of the GNB with respect to their impacts on the conditions of ecological production in the affected area.

The Committee worked in three technical groups behveen 20 September 1990 and 7 Novernber 1990: - agriculture; - forestry and forest and wildlife management; - fishing and ichthyology.

The general planning representatives of HYDROCONSULT Bratislava also worked in the Committee. A list of the members of the Cornmittee and the working groups is enclosed in the Annex.

In accordance with the demand of the Governent Plenipotentiary commissioned for the construction and operation of the GNB, the Comrnittee considered the impact of the variational alternatives of the implementation of the GNB on the conditions of ecological production, and established, not in full scope, the benefits and lusses possible in the affected area.

A short description developed for the 7 alternatives by HYDROCONSULT was established as a basis for determinhg a solution in the given field. Wnforrunateiy, the paper that was handed over did not indude al! the important data thar were absohtely necessary for the proper and objective evaluation of the possible benefits and lasses of the planned alternatives. Mainly forecasts on groundwater levels and the dimensions of the watertight underground wall preventing the adverse impacts of the Nagymaros Barrage were missing in the individual alternatives. Furthemore, important data are rnissing that would be necessary for detemining the impacts on fish and angling , such as the changes of the temperature regime of the water, the flow velocity at certain parts of the river branch system and in the Danube, and the water levels in the river branch system and in the river at various discharges.

+ 7-

In addition to the papers submitted, therefore, Uie individual working groups used the forecasts on groundwater leveb worked out so far and the forecasts on surface water regimes and their changes.

Based on the data rnentioned abave, the working groups prepared independent positions and evaluations. These papers make up the Annexes. Based on the enclosed papers, the Cornmittee establishes that the implementation of the individual vwîatjonal solutions may result in the following benefits and losses:

Variant "A"

with updated engineering s~Iutions for the old channel of the Danube and the river branch systern

Losses and investment interventions effected

Agriculture

- The need for constructing new irrigation locations 22,240 ha - Preventive draining agaimt secondary alkallnisation 3 1,224 ha - New drainage canab 129.50 km - The reconstruction of drainage canals 129.50 km, - Drainage treatrnent plants 13 - The reconstruction of treatment plants 5

- Tirnber production decreases by 3570 m3, Le., 7.3 %. - The speçies composition changes, soft-wooded deciduous species will be replaced by hard-

wooded ones and plants older than 10 years will gradually dry out in groups in an area of 300 ha.

- The technology of forest management and the comp~sition of machinery needs will change. - The operational conditions wiIl change, mainly hauling distances will became longer and the

possibility of transportation on the Danube will be lost.

WildIife management:

Large garne

- The area of forests will be reduced. The carrying capacity of the enviconment demands a decrease in the nurnbers of deer and wild boar. .

- Fencing the head-race canal and the downstream part of the reservoir on both sides is needed in order to avoid the drowning of the animals during their migration.

Waterfowl

- The deterioration of the living conditions of waterfowl requires: -- increasing the planned numbers of islands making resting and nesting possible in the

reservoir and in the old channel of the Danube; -- planting willows and providing for the nesting of ducks; -- making the banks green.

Field wildlife

- Access to the bottomland forests that serve as seasonal refuges will disappear. - The remaining swarnps and muddy areas that serve as lairs in the growing season will

disappear. - The setting up and the operation of irrigation systems over large areas wiIl be extremely

disruptive for wildlife.

Ichthyofauna and angling

- The construction of fixed stane culverts in the old channel is not suitable, because this will completely change the ecological conditions.

- hstead of fixed stone culverts, tipping weirs should be constructed that make possible the

biological continuity of the river and the regulation of the flow velocity and water level. In terms of the ichthyofauna and angling, Variant "A" is the most disadvantageous one.

Benefits

Agriculture:

- The conditions for the extraction of irrigation water from the gravel qumies located in the area of the HruSov-Dunakiliti Reservoir will improve.

- Thirty m'/sec clean water will be obtained for irrigation from the drainage canal. - The water regirne of the soil moistened seasonally will improve on 2,400 ha. - Drainage will not take place on 400 ha. - The HruSov Reservoir wili provide a permanent water source for the irrigation system to be

built in the area of ~usovce-Cunovo on 2,000 ha. - The level of impoundment in the Nagymaros Barrage will provide irrigation water for the area

oEVojnice-Gbelce in the magnitude of 25,000 ha.

Forest management:

- The moisture conditions will improve considerably in the surroundings of the reservoir, where the depth of groundwater fell before as a result of uncoordinated water supply engineering interventions and where about 500 ha forest dried out. lrnprovement is assumed in the magnitude of 1,700 ha.

Variant "Bu

Losses and investment interventions effected

Agriculture

- The need for constnicting new irrigation locations 1 1,870 ha - Preventive draining against secondary alkalinisation 4,632 ha - New drainage canals 13.70 km - The reconstruction of drainage canals 40.30 km - Drainage matment plants 1 - The reconstruction of treatment plants 1

Forestry, hunting and angting

- The same as in Variant "A"

Benefits

Agriculture:

- The conditions for the extraction of irrigation water from the gravel quanies located in the area - of the HruSov-Dunakiliti Reservoir will improve.

- Thirty rn3/sec clean water will be obtained for irrigation frorn the drainage canal. - The water regirne of the soil moistened seasonally will improve on 2,000 ha.

181

- Drainage will not take place on 400 ha. - The Hruiiov Reservoir will provide a permanent water source for the irrigation system zo be

built in the area of ~usavçe-çunovo on 2,090 ha,

Forest management:

- The same as in Variant "A"

[A page is missingJ

Forestry, hunting:

- The sarne as in Variant "A"

Ichthyofauna and angling:

- The conditions are more favourable here.

Benefits

Forest management:

- An area more than 500 ha will be gained from the HniSov Reservair for the forestry land base.

Variant "C "

Losses and investment interventions effected

Agriculture

- The sarne as in Variant "B"

Forestry, forest and wildlife management

- The same as in Variant "A"

Ichthyofauna and angling:

- Of the presented changes, this one has the most optimal conditions, however, only if the stone culverts are replaced by tipping weirs.

Benefits

Agriculture: '

- The same as in Varjant "B"

Forestry and forest management:

- The same as in Varfant "A"

Forest management:

- Forest area that may be gradually reclaimed

Bratislava, 7 November 1990

Ing E. Fulajtk, CSc Ing, J. Cifia, CSc RNDr R. Holcik CSc Ing. Dr. P. Danisovic Ing. S. Matyas

HYDROCONSULT BRATISLAVA 22 October 1940

The position of the representatives of HYCO on the 7 alternatives of the possible utilisation of GNB

We present you the position of the representatives of HYCO on Ihe 7 alternatives of the possible utilisation of the Czechoslovakian part of GNB.

1) We consider Variant "A" the most sensible solution for both Contracting Parties, i.e., for both Czechoslovakia and Hungary. The further alternatives should alwavs be compared to Variant ''AA" at the same level of calculations.

The development of the lefi hand side river branch systim and the reach of the old charnel of the Danube along the power canal imlimves substantiallv the conditions for ecological production.

The bottomland forests between the levees will be irrigated based on their growth needs and not by the extremes of the natural elements , and they will be accessible throughout the year. Formerly, low or high water levels prevailing for long periods resulted in enornous damage to forest management, e.g., in 1947 and 1965.

Better conditions will exist for fish management in the developed river branch system as well as in the old channet of the Danube, because Ihe system will be constantly refieshed by new water. The majority of the branches have not had ftee flow through so far and they have been filled up only at high water levels, while drying up or becoming swampy at low water levels.

However, benefits and losses should be considered objectively.

Losses:

Investment and operation costs for the development of the branches and the old c h e l will increase with decreasing power genemtion (about 41 7 GWh annually).

Benefits:

Timber production in the bottomland Brests will increase and so will fish production. The 30 m'/sec clean, filtered water çhould be considered a great benefit of Variant "A" for ecology, which will become available in the lefi hand side drainage canal of the Hrugov Reservoir. The clean, filtered water may be used for special irrigation, which the water from Kis (Srnall) Danube is not suitable for.

2) Variant "Bu is considered considerably worse than Variant "A". Flood contlol will become worse (at floods of Q 1 9%) by 1.25 m at Palkovitovo and moisture control will also become worse.

The navigational conditions will not irnprove on the reach between PalkoviFovo and Nagymaros. The possibility of generating high-value peak energy and the hi&-vaiue energetic outputs will be lost (allowing quick changes in loading, the regulation of the frequency of the

185

power supplied, etc.). Power generation will drop, because the charnel of the Danube will not be dredged downstream of PalkoviEovo.

The benefits and losses of the Variant "B" in cornparison to those of Variant "A" shodd be calculated in detail in Czechoslovakian Crowns.

. . .

[A page is masin&

In the çalcutations concerning forest management, the adverse impacts of dense bottomland forests in the area between the levees on the capacity to witfistand floods should be considered (the 250-metre wide zone stretching along the left hand side bank of the Danube should be cleakd), including the Iosses sustained by forest management at the extremely high or low water levefs in the Danube. In the area of the Biskupice branch, soft-wooded deciduous trees cannot be planted on approximately 500 ha, although the trees died there in the late 1970's due ta the constant fa11 of the water table. In the present state, planting the planned forest pask downsrream of Bratislava and Petrzajka is made impossible.

In the calculation concerning agriculture, the losses arising from the constant fluctuation of the water table (dry and wet years) and the 30 m3/sec of clean, fiitered water extracteci fram the lefi hand side drainage canal of the Hrugov Reservoir should be considered,

7) Variant "G"

It requires the detailed calculation of costs based on the offer of the buiIding contractors, as well as a detailed calculation in Czechoslovakian crowns with respect to the expected benéfrts to ecological production. The obligation of forest management of clearing the 250-metre wide zone along the left hand side bank of the Danube should be also considered. Through estimation it can be stated even today that this alternative is not sensible at all.

Conclusion

In our view, the order of preference for the considered alternatives is:

1) Variant "A" 2) Varîant "B" 3) Variant "C"

Ing Dr. Peter Danisovic Ing. Dr. Stefan Matyas

on the evaludon of the impacts of the 7 alternatives of the GabÇikovo-Nagymaros Barrage System on agricuiture, worked out in October 1990 by AGROCONS

1) Proposa1 for desalinisation measures

The alkali soils developed over the past few Aillennia as a result of high water levels in the Danube in the areas around the mouth of the streams VAh, Hron and Ipel. Their present area is about 30,000 ha. h order to avoid the gradua1 expansion of this area, levees ivere constnrcted along the Danube and the Vhh at the end of the Iast century. Excess and drainage water was '

drained by using pumping stations and drainage canal systems, whereby the groundwater level was lowered and the fiirther expansion of the alkali soils was prevented.

According to the plan, the increased seepage due to the Nagymaros Basrage should have been eliminated with underground walls, water collecting canals along the levees and by increasing the capacities of al1 excess and seepage water pumping stations.

According to the Joint Contractual Plan, only such rneasures should have been taken that avoided a rise of the groundwater levels due to the irnpoundment at Nagymaros when çompared with the present situation. These measures have already been taken to some extent, thus the area of alkali soils may not increase beçause of the impoundment at Nagymaros.

The rehabilitation of the existing alkali soi1 on J O , O ~ O ha will be very expensive, and this is not related to VLR. It requires not only the further lowering of the water table, but also the deep rehabilitation of the soil. (The upper cemented horizon shouid be etiminated rnechanically to a depth of about 39 cm and the salt should be leached from the soil.) Appropriate survey and research should be cmied out, a plan çhould be drawn up and a cost-benefit analysis should be prepared for the rehabilitation of the alkaSi soils. If the expected benefizs are not sdficient for the amortisation of the high costs, further possibilities should be searched for.

2) A proposal for supplementary irrigation (Variant "A")

The area of Baka - GabEikovo - Pastuchy - Calovo 1 Medvedov was very often shewn wet on the general plan @ale I:200,000), therefore, a dense network of drainage canals have been established in this area.

The high water table was detrimental not ody for agriculture, but also caused very poor living conditions for the local population (damp homes, pollute: wells).

The water table rnay be kept at an optimum depth in:this area by ninning water into the existing network of drainage canals. The water level in the canals will determine the groundwater level. Raising or lowering the water level in the canals may be carried out by decreasing or increasing the flow or by a sluice. Frorn the geological profile Of Zitny Ostrov it is obvious that its ground surface has various altitudes above see level, therefore,jthe optimum depth of groundwater depends on topography and varies with soil, vegetation, g$wing season and meteorologiçal changes (wet and dry years). l

i

Nature cannot ensure the optimum depth of groundwater, so man should himself establish it. Supplementary irrigation is carried out when it is required by the vegetation; surplus water is drained from the soil; and irrigation water is aerated or heated as requited. The natural elements do not take into account human needs!

The GabEikovo-Nagymaros Barrage System provides an efficient mechanism for the regulation of groundwater levels. This may Bot be kept in secret and this positive impact of VLR should be evaluated also in Czechoslovakian Crowns.

9 November 1990 Ing. Dr. Peter Danisovic

lnstitute of Fisheries and Hydrobiology

Bratislava

HYDROCONSULT 26 November 1490

Ing. Rosina Radlinskeho 37 Bratislava

Re: The position on the fured stone culverts of the old channel of the Danube, with the use of by- pass canals

The updated engineering solution for the old channel of the Danube on the Hni5ov- GabZikovo reach takes inro account the construction of 4 fixed weirs made of quarried stones with an average height of 4 rn, which would make possible the stabilisation of the water level coming from the Hru3ov Reservoir at the present level and at a discharge of 1340 m31sec.

This solution is not adequate for ichthyology and fishing, because it changes radically the ecological conditions by dividing the river into 4 isolated reaches, from which the fish get washed out once or hvice a week during short-term (6-hour) increased discharges (1,300 m31sec) without an opportuniQ for returning.

The staff of HYDROCONSULT have presented a conceptual plan to cope with this problem including the location of by-pass canals with stone culverts in a length of about 100 to 200 rn and in a width of 5 ta 6 rn, with the possibility for their widening up to 8 rn and with roughened bottom and side wdls. The flow velocity in the cand would be as high as 1 .X to 2.5 rn3 /sec,

A flow velocity of 1.8 m'/sec or more is not suitable for the majority of Fish living in our co~ltltry. From this respect, the by-pass canals may not be able to hlfil their function at this velocity, i.e., they would not enable fish to swim from the waters upstream of the stone culverts through the by-pass canhls. Even if this factor (flow velocity) seems to be unambiguously limiting, yet no rejecting position is made a priori yith respect to the solution of the problern. The consideration of a hydrological review of the application of:rapids made of large boulders is recommended in the by-pass canals, such as the ones b a t are'being used in trout streams or larger rivers (in Austria and Switzerland; in our country, in the northern-no&-western Morava - Becva, , Morava and in Eastern Slovakia: Lorysa). Their objective is to make the gradient of the stream gentier thus the discharge velocities as well. This problem has already been resolved by HYDROPROJEKT and the aspects of ichthyology and fishing have been taken into account by B. Kvelnh, Brno (Ing. S. Lusk, CSc}, the Institute of Systernatics, Ecology and Biology of the Czechoslovakian Academy of Sciences. We think that these rapids with large boulders could be applied in the by-pass cands in order to make their gradient gentler and decrease the velocity of their water. In tems of the efficiency of the by-pass canais, fl8w velocity should be decreased to 0.3-0.8 m31sec at those places where no rapids with large boulders are present. In the rapids with boulders, the flow veIocities rnay not exceed 0.5-1 .O m3/sec.

For the construction of rapids with boulders, large boiilders quarried with edges of 1.5 m have worked well. The space between the individual boulders should be filled with smaller quarried siones, up to about one haif of their height, In order'to reinforce the base of the rapids

and to decrease their pemeability, the embedding of the large boulders into concrete - is recommended.

The gradient of the rapids is 1: 10 to 1:15. For the rapids with large boulders exceeding heights between 30 and 50 cm. it is recommended chat the rapids be arranged in terraces. Downstream of the rapids facility, depressions of 1 m and more should be formed. The water depth of the rapids facility is to vary moderately. Beyond the large boulders, resting places for the fish swimming upstrearn are to be created. In the rapids facility, the water depth cannot drap to less than 10 cm, it should stay within the range of 10 and 20 cm. However, these values have been established for bout streams and in the case of the Danube, water depth may be greater. However, this should be discussed with the agencies mentioned above. The characterisatlon of the rapids with large boulders were borrowed from the pages 43 to 47 of a report titled "Water facilities and fish" written in 1974 $y Pohiz and Lusk.

We éelieve that a series of rapids with large boulders could eaciently reduce the unfavourable velocities in the by-pass çanals. However, the rapids with large boulders should alternate with "calm" pools (without rapids with large boulders in a ratio of 1:1). At these calm pools, the b d s of the canal should be covered by quarried stones. Large stones should be placed on the bottom that provide shelter and resting place for the fish. Their embedding into concrete an the bottom does not seem to be appropriate. A precondition to the implementation of this proposa1 is to meet the requirements of flow velocity and the gradient of the rapids facilities.

Prior to designing the by-pass canals, it is recommended that the hydrological conditions of the by-pass canals should be worked out experimentally and compared by the Cornmittee, the ones tbat allow the migration of fiçh through stane culverts, using tipping weirs on the upper reaches (prirnarily from the aspects of flow, water depth and permanent fish migration). Statements may only be made on this basis regarding which of the above alternatives meets the preconditions for resolving this problem effectively.

It is recommended that when designing the by-pass canal, a facility should be put in place to regulate discharge for various states of the old channel of the Danube.

For attaining the functional objective of the by-pass canal, its downstream mouth into the Danube is equally important with respect to the various flow velocities in the mouth part of the by-pass canal and in the channel of the Danube.

Yours sincerely:

Clerk: Ing. 1. Bastl, CSc

Ing. Anton Kirka, CSc Director

The position of the Ecological Production -Cornittee on the 7 alternative solutions of the utilisation of the Czechoslovakian part of Gabtikovo-Nagymams Barrage System, taking into acçount ichthyofauna and angling.

l

The technical input data presented with the 7 alternatives are not compatible considering the fact that they are in different phases of processing and they do not provide data which would make possible a comparative determination Of the impacts of the individual alternatives on fish and angling. For a detailed, responsible and objective evaluation, it is necessary to start from the factual data of the water IeveIs of the present channel of the Danube, It is a known fact that 4 to 5 million m3 grave1 has been dredged from the channe1 of the Danube over the past decade. Furthemore, the quantity of suspended sediments and substances from the upper Danube reach has decreased, thus the Danube has scoured its chamel, its water Ievel has changed and ac certain discharges it does not correspond to the levels of 1957. Based on the incomplete results of hydrologicai monitoring, it can be established that the level of the Danube between Bratislava and Gabçikovo is presently 80 to 140 cm lower compared to the working levet of the Danube Cornmittee in 1957. The bank of the Danube and the mouths of its branch systems have also been developed over this period. These interventions have resulted in a significant change in the filling and draining of the branches in recent years when compared to the period of 1968 to 1973: the river branch systems-are filled up later but are drained earlier than 20 years ago. Consequently, the bottoms of the branch systems are exposed to an intensive input of sediments, whereby the branches are becoming increasingly shaflow.

Unfortunately, the technical input data of the 7 altematives do not provide data, from which one could infer the interaction of the hydrological regime of the Danube and the river branch systems.

Input data on changes in temperature, factual data on the flow velocity of certain reaches of the river branch systems and the Danube and on the water'levels at various discharges in the branches and the river are also missing. Without these data, the impacts of the individual alternatives on the composition of the aquatic communities, including fish, cannot be objectively evaluated, thus neither c m be their impact on biomass and production conditions. If these data are avaiIable at al1 ( at the earliest, we may receive some of them from VUVH Bratislava in the second half of 199 11, then the 12 available working days are absolutely not enough for us to prepare an objective shidy. I

Of the presented alternatives, Variants "E" and "D":seem to be the most optimal ones from the aspects of ichthyology and angling. In both cases, however, the construction of the stone culverts of the old channel is not adequate, because they will change completely the ecological conditions. Tipping sluices should be used instead of fixed weirs, which will make possible the bioIogical continuity of the river, the regulation of the flow veloçities and water levels and the prevention of settling of suspended sediments. None of these alternatives will resolve the problem of connecting the main channel and the river branch system. Supplying water fiom the old channel of the Danube to the river branch systems with weirs will allow unilateral fish migration from the river into the branches. However, both alternatives '("E" and "DM) require a thorough review with modelling.

Until concluding this work, however, the adoption of Variant "F" is recommended, i.e., preserving the whole structure roughPy in its present state. ,

1

RNDr. Juraj Holcik, CSc I Ing. Ivan Bastl, CSc

Annex 51

Regarding the Governrnent's Responsibility In Connection With the GabEikovo-Nagymaros Barrage Sy stem

1. Recognising the fact that putting into operation of the Barrage System or of any major installation thereof, would result in serious ecological and eçonomic consequences thoughout the affected areas, the Parliament requests the Government

- to conduct negotiations with the Govemment of the Czech and Slovak Federal Republic on the termination by mutual consent of the Treaty concluded on 16 September 1477 regarding the Completion and Operation of the GabEikovo-Nagyrnaros Barrage System and any and al1 such agreements which the State Parties to the treaty andior their authorised bodies have çoncluded for Che purpose of the execution of the aforementioned Treaty;

to initiate concurreatly the conclusion of a new inter-state treaty to settle the issue of the consequences of the non-construction (abandonment) of the: Barrage System and al1 related major installations, taking into account the following values, in the order as follows:

(a) the restoration and preservation of the region's ecoIogicai and natural values and, most importantly, the protection of the drinking water reserves;

@) flood protection;

(c> provide such technical measures as are n e c e s s q for navigation in accordance with the region's naturai environment;

- to draR a plan for the rehabilitation of the Hungaiian territories aficred by the aforementioned Treaty, taking into consideration the applicable Parljamentary jnstnictions.

2. Parliament finds necessary the further suspension of work aimed at the completion of the Barrage System and does hereby reaffirm any measures taken by the Govemment to this end.

The ParIiament requests the Govemment to seek for an agreement as early as possibIe ai the negotiations, in accordance with the earlier Hungarian proposals, on the suspension of construction work on the territory of the Czech and Slovak Eederal Republic.

3 . Parliament requests the Government, to discontinue state investment in the GabEikovo Nagymaros Barrage System and instructs the State Auditing Ofice to begin a full financial review of wasks already completed.

4. The Govemment shail report monttily to the Environment Protection Cornmittee of the Parliament on the execution of the provisions contained herein.

192 I

This present deçision shdl take effect on the day of its acceptance.

Gyorgy Szabad Speaker of the Parliament

Dr. J~zsef Horviiih Clerk of the Parliament

Zoltan Trombitis Clerk of the Parliament

193

Annex 52

Regarding the Treaty Concluded in 1 977 Between the Hungarian People's Republic and the Czechoslovak Socialist Republiç

Concerning the Consîruction and Operation . of the GabEikovo-Nagymaros B m g e System

Recognising the fact that continued construction mdlor operation of the GabEikovo- Nagymams Barrage Systern or any of the main installations thereof would result in serious

c ecological and economic darnage;

takmg into consideration the fact that the Government of the Czech and Slovak Federal Republic has passed a decision regarding the unilateral completion and commencement of the GabEikovo Barrage and that it entails the unilateral diversion of the Danube in contravention to the relevant international conventions and the amendment of the character of the state border, and that, by these actions, the Governrnent of the Czech and Slovak Federal Republic have made questionable the validity of the Treaty concluded on 17 September 1977 regarding the Construction and Operation of the GabEikovo-Nagymaros Barrage Systern;

taking notice of the fact that as a result of the above, the Government of the Hungarian Republic has been placed in the situation whiçh comgels the termination of the 1977 Interstate Treaîy;

supporting the ambition that on behalf of the good neighbourly CO-operation of the two countries, considering the trilateral professional and scientific inquiries organised with the inclusion of international experts in the meeting of governmental delegations on 2 Decernber 194 1 in-order to reach a joint agreement in the interstate dispute.

Parliament passes the following resolution:

1. Parliament takes notice of the fact that the Prime Miniçter, in his letter to the President of the Government of the Czech and SIovak Federal Republic, draRing the ecological, international Iegal, and other important reasoning for compelling the situation af termination, once again called for the irnrnediate cessation of al1 work in contravention of the 1977 Interstate Treaty, and the commencement of tnlateraI professional inquiries, that by taking into consideration the recommendations offered as a result of the said inquiries,' the two Govements might arrive at a responsible joint resolution of this interstate dispute, declaring that in the absence of fulfilling the above, the Governent will teminate the 1477 Interstate Treaty.

2. Takes no& of the fact that the Government, presenting the Hungarian standpoint, conternporaneously requests the heads of the Govemments of the Member States of the Conference on Security and Co-operation in Europe and of the international organisations (United Nations, European Cornrnunity, CounciI of Europe, Danube Commission) to support the understanding and acceptance of the Hungarian position with the Governent of the Czech and Slovak Federal Republic.

3. The Parliament authorises the Government to terhinate the 1977 Treaty and al1 agreements concluded between the Parties andlor their bodies for executing the Treaty, if the Governent of the Czech and Slovak Federal Republic does not cancel the work being done in contravention to the 1977 Treaty by 30 April 1992, whereas continuing these works prevents the commencement of joint inspections and makes questionable their significance.

4. Concerning the termination of the 1977 Interstate Treaty, the Hungarian Party is required to simultaneously communicate to the Government of the Czech and Slovak Federal Republic the Hungarian intention to CO-operate in the elimination of the consequences of the termination and complying with al1 of the international treaties defining the borders between the two states, to conclude a new interstate Ueaty according to the following priorities, in the order presented:

a) the restoration and maintenance of the region's ecological and natural values, and primarily the preservation of the drinking w t e r resource;

. ' b) flood protection; I

c) establishment of navigation integrated with the region's natural conditions.

5 . The Governent should report to Parliament on the e~ecution of the responsibilities set forth herein within 30 days following the acceptmce of the Parliamentary resolution.

6 . This resolution takes effect from the day of the aeceptance.

Annex 53

The Govemment of the Republic of Hungary Prepared: in 55 copies

Receivers: The members of the Government and the permanent Guests of the Government sessions. .-

The Government Resolution 3 19011992 regarding the termination of the Interstate Treaty

signed on 16 September 1477 in Budapest by the People's Republic of Wungary and the Çzechoslovak Socialist Republic with regard to the completion and

operation of the GabEikovo-Nagymaros Barrage.

1. The Government of the Republic of Hungaq, on the basis of an authorisation in point 3 of che parliamentai resolution 12/1992 (IV. 4.), unilatedly terminates effective 25 May 1992 the Interstate Treaty of 1977 and al1 the agreements which were brought about by the parties and their institutions for the execution of the Interstate Treaty.

2. In light of the discussions held during the session of the Visegrid Three in Prague, irnrnediately or at the latest by 15 May, negotiations should be held with Prime Minister JAn Camogursky, in conjunction with the participation of the EC Ambassadors to Prague and Budapest, on a six month suspension of the work on the provisional solution (Variant C ) in order to commence trilateral negotiations, during which the parties, on the basis of recommendations, may render a decision in joint agreement with regard to the Inferstate dispute.

Responsible: Ferenc Midl, Minister Without Portfolio Deadline: Irnrnediately

3 . If the negotiations initiated in point 2 do not lead to a result, the Government of the Czech and Slovak Federal Republic should be informed of the termination by 20 May through diplomatic channels. The Noie Verbale must be completed in accordance with the information mentioned during the Goverment's session.

Resrionsible: Ferenc Midl, Minister Without Portfolio Foreign Minister

Deadline: lrnrnediately

4. In the Note Verbale the Hungarian Government initiates that, with the bringing about of the Interstate Treaty of 1977 we jointly senle the consequences emanating from it in the following order of priority.

1. The restoration and maintenance of the region'ç ecological and natural vaiues most important of which is the preservation of the drinking water.

2. Protection against floods

3. The adaptation of navigation to the region's natuml condition

5. A bill should be prepared for the repelling of Law - Decree No. 17 of 1978.

Responsible: Ferenc MAdl, hlinister Without Portfolio Deadline: Irnmediately

6. Simultaneouçly with the reviçion of Governent ResolutiAn 261411992 a subrnission should be prepared for the Governent with regard to the takmg into consideration and division of the assignments between the: concemed ministers subsequent to the termination of the contract.

Responsible; Ferenc Madl, Minister Without Portfolio Minister of Transportation, Communication and Water Issues Minister of Environmental Protection and Land Development Foreign Minister

Deadline: 20 May 1992 ,

Budapest, 7 May i942

Prime Minister Dr. Jbzsef Antall

S

197

Annex 54

KPiNDWRI7TEN NOTE OF F M . ~ L , MNISTER WITHOW PORTFOLIO, REGARDING THE PROPOSED VIENNA ~ E T I N G , 16 MAY 1992

,A,bALL- -- Plc +% -TL&&& ad L L ~ a-

l

l

1 i

TRANSCRIPTION:

1 therefore hope that the proposed meeting would enable the parties to abandon any actions which would prejudice the launching and the completition [sic] of the work of the Expert Cornmittee. Accordingly, it is expected that the meeting will result in the discontinuation of the unilateral works on ththe one hand and in the non-affectuation of the abrogation of the treaty of 1977 on the other hand.

l

l

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Annex 55

NOTE VERBALE FROM THE ~ I S T R Y OF FOREIGN AFFAlRS OF THE REFLlBCIC OF HUNGARY TO THE EMBASSY OF THE CZECH AND SLOVAK FEDERAL RXPUBLIC, 10 JUNE 1992

NOTE VERBALE 1

The Ministry of Foreign Affairs of the Republic of Hungary presents its compliments to the Embassy of the Czeçh and Siovak Federal Republic in Budapest, and refemng to Note Verbale 1588192 on 22 May 1992 regrets to estnblish that at variance with the Note Verbale and Position Paper of the Government of the Republic of Hungary handed over on 19 May 1992, in the opinion of the Czech and Slovak Federal Republic the Govemment of the Republic of Hungary has no

"

legal justification for the temination of the Interstate Treaty o f 1977 on the implementation and operation of the GabEikovo-Nagymaros Barrage System, and that the Govemment of the Czech and Slovak FederaE RepubIic holds the Treaty of 1977 legally valid even after 25 May.

On behalf of the Govemment of the Republic of Hungary the Ministry of Foreign Affairs affirms the contents of the Declaration dated 19 May 1992 ,and the requests that al1 work be stopped in connection with the GabEikovo-Nagymnros Barrage Systern.

Acçording to the information available to the Govemment of the Republic of Hungary in May 1992, the Czech and Slovak Federal Republic started water decanting activity at CsBlliszt6, in the course of which they were purnping watet ftom the river-bed of the Danube which is the boundary river shared by both parties. I

l

The Government of the Republic of Hungary invites the G8vernment of the Czech and Slovak Federal Republic to immediately stop this injurious and ecologically harmful work and to observe the niles of the Boundary Waters Agreement of 1976.

I

l The Ministry of Foreign kffairs of the Republic of Hungary would like to emphasise the

disposition of the Govemment of the RepubIic of H u n g d for the joint arrangement of the consequences of the temination of the interstate Treaty of 197'7, and for the joint solution of the problems which require cwperation of the Government of the Czech and Slovak Republic in the: area, so that negotiations can be commençed as soon as it is possible for the preparation for the new interstate treaty.

The Ministq of Foreign Affairs of the Republic of Hungas, avails itself of the opportunity to renew to the Embassy of the C ~ c h and Slovak Republic the assurances of its highest consideration.

. - Budapest, 10 Junt, 1992

Annex 56

LE'ITER FROM MR JAN STRASKY, CZECHOSLOVAK PRIME MWISTER, Ta MR J ~ Z S E F ANTALL, HWNGAMN PRIME MIUISTER, 23 SEP~EMBER 1992

President of the ~overnment of the Czech and Slovak Federal Republic

Prague, 23 September 1992

Dear Mr, Prime Minister!

1 was grateful to receive your letter dated 18 August 1992, and would like to add the fallowing comments:

The steps taken by the Govemrnent of C ~ ç h and Slovak Federal Republic during the comtruction of the GabEikovo-Nagymaros Barrage System were in complete harmony with the 1977 Treaty and al1 selated treaty documents, which were al1 valid during this period and we were always ready to discuss, wiîhout any prior conditions, any questions on which the Hungarian Party had concerns. The Czechoslovak Party considered it to be a namal precondition that the Hungarian Government would at least substantiate those concerns identified in the main points and give concrete evidence of thern. This, however, never occurred. In harmony with the Treaty of 1977, these questions must be resolved by Governmental Plenipotentinries, but the proposals of the CzechosIovak Party's Plenipotentie have not met with any answer from the Hungarian Party.

The position of the Government of the Czech and Slovak Federal Republic conceming the decision by the Government of the Republic of Hungary to unilaterally terminate the 1977 Treaty and al1 related treaty documents and its viewpoint on the justifica;ions which led the Republic of Hungary to this decision are contained in my lerter dated 6 August 1992. 1 would only like to emphasise that the Govemrnent of the Czech and Slovak Federal Republiç had stood ready to form 'a trilatera1 expert commission. It's delegation was given a mandate broad enough to make it possible for a jaintly acceptable resoIution to be arrived al.

Likewise, you were infomied of the so-called "C" variant's completion in the letter written by the President of the Government of ûhe Czech.and Slovak Federal Republic. I would onIy wish to remind you that the provisional technical solution does not obstnict the achievement of goals set Forth in the Treaty of 1977, as the main objective of this is €0 minimise the damage which the Cmch and Slovak Federal Republic is suffering as a result of the unlawful behaviour of the Hungarian Party since 13 May 1989. Oa the filfilment of the sa-called "C" variant, I consider it necessaty to emphasise that the object of this was not, nor is it, the "diversion of the Danube," as you allege in your letter. It was only the utilisation of the waters of the Danube in the manner assumed in the 1977 Treaty. Therefore, this variant does not endanger the territorial integrity of the Republic of Hungary.

/

In the çlosing section of your letter, you propose that we bring the dispute between oui nations on the GabEikovo-Nagymaros Barrage System before the International Court of Justice in the Hague.

I açk myself what would the good offices or mediation offered by the European Communities mean £rom the aspect of the unfinished negotiations? i *

Please dlow me to remind you that the Czeehoslovak Party proposed during negotiations held on 15 July 199 1 between the Govemmental delegations, when it became convinced that bilateral negotiations were not leading to positive result~, that we involve the European Community Commission in the resolution of the dispute.

The Governent of the Republic of Hungary, whiçh had previously rejected this proposal, set certain preconditions for its acceptance as of December 199 1. In May of this year, we were very close to the point where we could agree on the involvement of the EC Commission in the resolution of the dispute. It was for this exact reason that I was very disappointed that Hungaty did not participate in the trilateral negotiations which were planned for 18 May 1992 in Vienna with the participation of the Euopean Communities.

Despite the pmblem whch we have yet to solve, the Czechoslovak Party is convinced that we are not far from jointly agreeing that a resolution of this dispute showld involve the European Community Commission in the role of mediatot. Not toa long ago, 1 was reinforced in my belief in the position that "it would be worzhwhile to include EC experts from third par& countries in our cornrnon work," by your letter dated 6 August 1992. It is for exacily this mason that, based on your letter of 18 August 1992, it is not clear to me whether the Czech and Slovak Federal Republic should consider the fact that the Hungarian Party desires to bring this disputed question before the imternational Court of Justice in the Hague to be a conclusion of the negotiations on the assistance offered by the European Community Commission. If this kere the case, it would be a step backwards for both Parties on the road to a resolution. This wodd negate the discussions held to date with the European Community Commission and would, in practice, mean the commencement of a new set of negotiations for the bringing of the matter before the International Court of Justice without our having any reason to assume that these negotiations would be any easier than those undertaken so far. The process by which we are attempting to find the proper procedure for solving the disputed question would once again be extended and the damages suffered by the Czech and Slovak Federal Republic and eventually, the RepÙblic of Hungary would grow ever greater. I

The Governrnent of the Czech and Slovak Federal Republic has a great deal of respect for the International Court of Justice in the Hague and has great fai$ in its objectivity. Despite this, in today's' world, when time is of the essence, our Governent considers the participation of the European Community Commission to be the most essential façtor. Apart from this, the trilateral committee (Czech and SIovak Federal Republic, Republic of Hungary. and European Cornrnunity '

Commission) may judge other aspects, not onIy the legal, in, particuiar ecological, navigational, and economic issues. In recent times, the Czech and Slovak Federal Republic has complettd researçh programs which rested on the partial conclusions of the PHARE program which deals with the modelling of the Danube region's water resetves and ,in the work of which the experts of various member States of the'European Cornrnunity participare. The results of these rnay be used during the detemination of the ecological aspect, the irnporhce of which the Hungarian Party has always emphasised. I

It can be seen from the letter sent' by Mr F. Andriessen, Vice-President of the European Commtinity Commission to the Foreign Minister of the Czech and Slovak Eederal Republic, J. Moravcik, dated 30 July 1992, that the European CornmuniQ Commission is still prepared to aççist in the resolution of the dispute about the GabEikovo-Nagymaros Barrage System. He

1

assumes, at the same time, that our nations will corne to an agreement as to the scope of the mandate which will be given to this tnIatera1 committee, fomed with the participation of the European Community Commission. For this reason, I propose that our nations' experts meet as soon as able in order to prepare a joint petition to the European Community Commission as speedily as possible.

Dear Mr. Prime Minister, please accept my sincere regards.

Jan STRASKY

Annex 57

COMMUNIQUE OF THE SLOVAK MNISTRY OF ENVIRONMENT TO THE 4 D E C ~ E R 1992 SESSION OF THE SLOVAK GOVERNEMENT, 4 DECEMEER 1992

(abridged version)

Communique

To the discussion of the item "Information on the fulfilment of the 19 criteria set up in the Water Act $ 14., the position of the construction according to Water Law and the operation of the hydroelectric plant on CSFR territory according to the 'Temporary Technical Solution' and the fulfilrnent of the conditions of legal operation."

At tody's session the Slovak Government has acknowledged the SIovak Environmental Cornmittee's communiqué, "Infornation on the fulfilment of the 19 criteria set up in the Water Act fi 14., the position of the construction according to Water Law and the operation of the GabEikovo hydroelectric plant (hereon: WKW Gab.) on CSFR territory according to the 'Temporary Technical Solution' (Comment: Variant C) and the fulfilment of the conditions of legal operation."

The govemment has ascertained that the criticd conditions prescribed by the SZKP (the former Slovnk Environmental Cornmittee, today the Ministry of Environment) in the Water Act 3 14, airning at the protection of subsoil waters and the preservation of the ecosystems impacted have not been met to this day. Even the necessary measwes to minimise the negative effects of the GnbEikovo hydroeleçtriç plant on the natural environment in general, and on subsoil waters in particular have been omitted.

By cornmencing the operations of WKW Gab. according to the "Temporary Technical Solution" the contractor has gravely violated the provisions of the Water Act, 13811973, by establishing and using certain structures and by utilising the water without having been granted the appropriate licences, The breach against the provisions referred to (comment: the 19 criteria) amounts to the - continuous - violation of the Natural Environment Act, 111995 as well. The governent has instnicted the Slovak Republic's Minister of Economics to take action immediately ta remedy the situation.

l

The technical preparationr of the construction of WKW Cab. have been accompanied by widespread disputes, pointing out in particular the unresolved; ptoblerns relating to the possible negative effects on the quantity and quality of the Zitny Ostrov (Csalldkoz - Wheat Island) m a ' s subsoil waters. In June E 99 1 SZKP identified the 19 criteria to the implementation of the " WKW Gab. Temporary Technical Solution commencement of operations on CSFR territory".

These 19 criteria were accepted with consensus by the experts, the locaI mayors, the green parties, civil initiatives and the NGO's, as they prescribe the rneasures the contractor has to take to protect and maintain the quality of subsoil waters and the ecosystem. The elementary point of this set of criteria had been that fulfilment of the conditions set forth therein is rnandatov for the installation of those structures, that do not prejudice the final construction. SKZP has assessed the complex water management standpoint from an environmental perspective, especially as regards the protection of subsoil waters. The concept of ecosystem includes the maintenance of the gene set

and self-regulatory natural processes of the flood forests and the flora and fauna of the region in general. Meanwhile it h;y also been established,'that the Csallbkoz region as a rich reservoir of potable water (17.8 rn /sec effectively) that provides the drinking water supply to Western SIovakia (including Bratislava). It has become clear that there is no alternative supply, should the present weIls cease to function:

Kalinkovo (Iiresent capacity: 780 Ilsec) to Bratislava;

I Samorin (900 Ilsec) to Western Slovakia (to Brenolakovo Modra and Bratislava);

I GabEikovo (1,000 mlsec) VeIky Meder, Kolarovo, Nove Zamky, Cevice;

I Ostrovne Lucky (800-1,000 mlsec) to Pertzalka district.

Furthemore, the fact had to be reckoned with that no study has been prepared hitherto on the complex impact of WKW Gab. on subsoil waters. The study prepared by the Bratislava Water Research Institute, VUVE, yields the conclusion that the hydrological changes of the Danube due to the piant, may bring about negative effects to subsoil waters. The latest examinations of subsoil waters support this conclusion. The change of the subsoil current due to the damming of the Danube leads to changes in the quality of subsoil waters.

On the basis of these facts SKZP has fomulated 8 criteria to assess the present effects of WKW Gab and to provide a basis for preparing a forecast on the magnitude and nature of the changes in subsoiI waters. Should negative effects arise, measures have to be identified and implemented to ensure timely and effective protection of the Springs, and the commencement of the operation of WKW Gab. must not jeopardise the supply of potable water.

Fulfilment of these criteria should have been ensured before the dam wm filled up. Since the publication of the 19 criteria however, the contractor has only demonstrnted partial resdts, and the final objective, the preparation of a forecast of the effect of WKW Gab., on subsoil waters has not been cornpleted yet.

The situation has been aggravated by the fact that preliminary results support the fears of experts that the subsoil water reservoirs of the Csall6k6z region will be destroyed. The volume of the change that has occurred till now is not known, therefore even we1I prepared and effective measures cannot put an end to the deterioration of the quality of subsoil and dnnking water. This situation wi1I present an unresolvabIe problem in the drjnking water supply of the region's population.

The objective of the criteria set up is to maintain the flood forests' ecosystem and the ecological Danube-regime. The present manipulation of the river prevents the regular flooding of the flood- plain areas. This aspect, for example, has only been examined in a single mode1 study yet (comment: EU Phare Program, period studied: until around 1995).

l Another fact of great significance is that the decrease of water in the branches has not been investigated before the blocking of the Danube and the filling of the dam. in the meantirne, the connections between the river branches were blocked, which lead to a large scale destruction of fish. Had the criteria k e n met in tirne, this &uId have been avoided.

3 At present, the contractors temporary operations schedule does not ensuFe the 1,300-1,500 rn /sec water output necessary for the vegetation seasun. No technical solutions have been put in place to

ensure the optimal water regime in the branches - i.e. the criteria designed to avoid the negative effects on the are have not been met.

Because of the non-fulfilment of environmental conditions the connections of the branches with the Danube and with each other have been destroyed, resulting in a change in the hydrological life of the flood plain shbbery. This leads to the liquidation of the ecosystem of the shbbe ry in the inteml delta and their gradua1 fill-up with weeds (i.e. growth of extra vegetation and colmatation). In tum, the result of this is a decrease in the biological variety though the extinction of certain species (especidly water and marsh organisms) and the modification of the forests' , ecostnicture. C

This is especially bad because with its specially adapted vegetation and special biotopes the Slovak Danube-marsh is a unique phenornenon. For example, 64 species of fish live behveen Bratislava and PGcikovo (and 17 of these are extremely rare), and 39 endangered higher foms of water and rnarsh vegetatiori (3 of these extremely endangered).

The non-fulfilment on the criteria has led to the violation of the Slovak Environmental Act, II1995 as well as certain other international conventions (e.g. Rarnsar Convention).

The Water Law licensing process of certain structures (e.g. the dam, the size and f o m of navigational c h e l s ) has been ceased on 4/2/1994 as due to the omission of submitting documentation, the relevant conditions to continuing the licensing process have not been fulfilled, nor has the construction licence been issued.

However, the commencement of the operation of WKW Gab and the diversion of the Danube is dependent on the issuance of the licence presçribed by the Water Act 5 8. No licence has been issued for the manipulation schedule of the water, as the issuance of such licence is dependent upon the assessrnent of the documentation certifying the cornpliance with the Water Act 5 14., which has not been possible to date. Furîhermore, the issuance of ths licence has to be preceded by the acquisition of the construction licence for the completion of the remaining construction work as well as the licence for operating those structures.

The contractor has carried on work on such objects, which he has not acquired a licence to, and began the diversion of the Danube on 2411011992. By commencing the operation of WKW Gab. and the filling of the dame (to 129 m over NN) in a phase where the decision &g process faces unresolved problems, the contractor has equally violated State regdatory measures and the Water Act. The contractor's arbitrary actions haive had a negative effect on the implementation of the rneasures prescribed by $ 14.

As regards water law, its is impossible to say at present, lacking an adequate forecast on subsoil water quality changes, when the SZKP çriteria could be met and the appropriate SZKP licence issued.

The severe nature of the contractor's illegal conduct is especially manifest in his conscious violations of the laws providing for construction activities, as has been acutely pointed out both in Slovakia and abroad. Such direct neglect of the Iaws fmm the contractor's part weakens the authority of government bodies, who possess no means of legal action to prevent the illegal activities of the contractor other than imposing fines (which haS been done}.

l .- ,-

The monitoring activity that has been started in order to register negative effects cannot be , compared to the missing forecast. It cannot provide an adequate basis for effective rêmedial

measms. Therefore the danger of unchecked developments increased, along with a growing fear of severe consequences.

Fulfilrnent of the SZKP criteria is of significance to the present assessrnent of the situation by the trilateral cornmittee and the Experts. The CSFR side can only produce convincing arguments regarding the protection and supply of the quantity and quaIiîy of subsoil waters and the preservation of the bordering ecosy stems, if the 19 criteria set forth in 5 14 are met.

A new information campalgn has been launched (comment: newspaper articles between November 3 - 11 are mentioned, initiated by the SZOPK, the Greens and the WWF), pointing out the incomplete fulfilment of the 19 criteria and exerting direct public on the Slovak Ministry of the Environment. The present situation, when govement bodies fail to give answers to queries from the domestic and international media is unacceptable.

The situation is M e r complicated by the unilateral declaration of the contractor depicting the contractors activities as defacto (comment: sqemingly) legal and oficially correct. The Slovak Minisuy of the Environment has issued several wamings to the contractor about the severity of his actions, and demanded chat their consequences be remedied. The relevant water management authority has taken over the construction's state supervision. The appropriate sanctions are stilt ongoing.

The present analysis demands effective masures on the contractor's part to meet the SZKP criteria and put an end to the illegal situation. At the same time providing adequate information to the public and the professionals about the status of the fulfilrnent of the 19 criteria is also extremely important.

Annex 58

LETTER FROM PABLO BENAVIDES, EC DIRECTOR FOR EXTERNAL ECONOMIC RELATIONS, TO MR JANOS MARTONYI, HUNGARIAN STATE SECRETART FOR FOREIGN AEFAIRS, 19 JULY 1993

,-

COMMISSION OF THE EUROPEAN COMMUNITIES Directorate-General Extemal Economic Relations

Unir 1-E The Director

Dear Mr. State Secretary,

1 would like to refer to the tripartite meeting on GabCikovo-Naparos held in Brussels on 13 July last, where it was agseed to u n d e d e concrete steps in the near future towards the estab1ishmenr of a temporary water management regime. In this connection the commission at the end of the meeting orally presented a proposal which could find broad agreement. It was agreed that the commission wouid further elaborate the proposal and submit it to the Hungarian and Slovak delegations in writing. The annexed document contains the details of îhe proposal as worked out by the commission services. d

1 would be grateful if you could let us have your comments and agreement at your earliest convenience so that the experts can start their work on 1 August.

1 have sent a letter with the same content to Secretary of State Lisuch, of Slovakia.

Mr. Jin05 MARTONYI Secretary of State Ministry of Foreign Affairs REPUBLIC OF HUNGARY

[Annex to the Ieiter of Mr Pablo Benavides, 19 Juiy 19931

1) - Essential for a TWMR is the permanent availabiliry of reliable data on the discharge at relevant measuring points which cannot be contested by the parties. Thus a Water Measurhg System (WMS) should be set up in which the two sides jointly measure discharges at relevant points ( m e x A).

- in addition Hungary and Slovakia should joktly assemble objective data on other relevant aspects such as the effects of new constructions, remedial measures, water level, volume and quality of underground water, quality of surface water, general ecological effects, electricity production, etc.

- in order to get the ahove activities off the ground successfully in the short term it is suggested that the Commission provide ternporary assistance in the setting up and the management of a Hungary-Slovakia Monitoring Committee which is to carry out the work (set up the WMS, assembling of above-mentioned data). The Committee should report its first findings two-and-a-haIf rnonths afier 1 August 1493. Afier that period the Monitoring Committee should be operated jointly by Hungary and Slovakia only.

The Monitoring Cornmittee shall consist of one independent expert from Slovakia and one independent expert appointed by the Commission. The Commission expert shall chair the group. Each party can be assisted by independent experts of its own choice.

2) On the basis of the data assembled by the Monitoring Committee an independent Expert Group shali draw up recommendations on:

l - the necessary discharge into the old riverbed;

- the possible rernedial measures to be taken to safeguard the environment in the old riverbed and surrounding areas

- a Temporary Water Management Regime (TWMR) (on the basis of a detailed operation manual with specifications for the day-to-day water management scheme);

I - a Temporary Water Management Committee to operate the TWMR.

The Expert Group shall consist of one independent expert from Hungary, one independent export from Slovakia and one independent expert appointed by the Commission. The Commission expert shall chair the group. Each pmty cm be assisted by independent experts of its choice. The Gmup shall draw up its recommendations two weeks after its establishment.

3) Once the WMS is running and agreement has been found on the points under 2) above, al1 these activities should be merged on a permanent basis into a Water Management and Monitoring Cornmittee (WMMC). This should be operated by Hungay and Slovakia. The Commission will assist in the setting up of the WMMC but will not be a rnember of it,

I The WMMC will have the following functions: 1

208

- where necessary, to initiate and supervise additional studies, monitoring and modelling;

- adjust the T m when necessary on the basis of he operational experience and the results from the activities on monitoring, snidies and modelling;

- prepare recommendations for urgent measures to be taken in emergency situations.

In addition the WMMC shall:

- prepare a detailed monitoring manual with speciIications for joint monitoring of the impacts of the TWMR on the environment, navigation,. hydropont, undenvater reservoirs, etc.;

- initiate where necessary new activities on monitoring, modelling and studies related to the water management regime and its impacts.

Mode and place of operation

The Cornmittee will meet regularly on a monthly basis, or in extraordinaty session when requested by one of the members. Place of meetings will aiternate behveen Slovakia and Hungaty. The meetings will be chaued by the host country. Secretaial support will be provided by the host country.

AMex 39

&SOLUTION OF THE NATIONAL ASSEMBLY

ON THE NECESSARY MEASURES DUE TO THE UNILATERAL DLVEMION OF THE DANUBE

BeariPg in mind that conaequently ta the d a t e r a i divemion of the Danube all possible measma should, for the duration of the dispute before the International Court of Justice at the Hague, be taken aiming at the preservation of the Szigetkih landscape, the survival of the a g r i d h - e and forestry of the region and the protection of water resewe, the National Assembly has resolved as follows:

* 1. The National hsembly hereby conf ima that it wishes to settle the legal dispute which arose between Hungary and Slovakia because of the unilateral diversion of the Danube through the conclusion of the proceedinga before the Internationai Court of Justice in the Hague.

2. The National Assembly repuesta the Governent to continue its efforts aiming at the conclusion of a h a t y on the ternporary wahr management regime as provided for in the Special Agreement. Technical inhrventiona necessary for the duration of the proceedings before the Court s h d be decided by the National Assembly, depending on the actuai water sharing.

3. Pending the concluaion of the treaty on the temporary wabr management regime, the wahr supply ta the branch syatem of the Szigetkoz shaii be ensureil by an appropnate s h b g of w a k supplied to the Moaoni Danube and by pumping from the Daaube. Sharing of water supplied to the Mosoni Danube ahall s ta r t immediately, while pumping h m the Danube shall as from A p d 15, 1994. For piimping, such technical solutions shall be eelected which would entail the smallest h m to the environment.

4. The Nationai Aasembly Invites the Governent to report on the implemenhtion of the measures as weii a8 on their impact until December 31, 1994.

5. This reeolution enters into force on the date of its promulgation.

The Minkm of Foreign Afiairs of tbe Sloval; Republic presents i~ compiimènts to the Embassy of the Republic of H u a g q and wich referznce u> the Note Verbal of the Ministry of Forzign Affairs of rhe RqubI ic of Hmgary No. J-8/EK/13/1994 of Much 28: i 994, ha die hopor to advise the iouowiog : l

The Govemmenr of the Slovak Republic is of rhe vicw thsr die negociauons conceming the Temporary W d r hianagement Regirne (TWMVIR) should commence wi;boul M i e r delay. To; bis effiçt Mr. Jozef CJbla5ijskp was appolnrcd head of rbe SIov& delzgation for ihzse nezo;iürions. SIovakia is reody to hosr the n e t h g wbich couEd Ee heId in ~~ t i j l i i a , serins 15 RprII 1991. I

I n bis confiection the Minkq of Fçlicign .Aff;irs viisiizs Cr i t r ro srare thxi tfiz Govzmznr af the SIOF& RzpubIic k l z r n e d wi21 g'iw concern about the reixnr decision of ihe HungL+a Pxliunerir which p r e v e n d e a i n the cunsmcion of two undanrsar w5Li in thz ald D u u b z river bed - h 2 mosr: eff'rive u id las expensive rnertstxe n m s q to d low Uie lvaier Bou! Lnro die righc sidz bmch s)~stear on thk Htinoaria tedorÿ .

This decision. ivhich ame &r th4 mounced accep-mce, by the ~ u i g w i a n Govcment , of the EC Experts proposal for the 'IiVMR, which envisaged, as iü essentid pan, the commction of w o undemaier rveirs. not on1 y entirely invalidatd the norificauon of ~ l z Hungarim G o v t m e n t m the EC dated January 14, 1994, but repraents, in fâct, a aicgoricrl refusd, by Hungary, af ttre whale set of scenwios c o n ~ i n e d in the report of the Moniroring and WaEr Manazement Expert's Group whert possïoie combination of diffsrtnt mwures, includilig tbe iüidenv~ter wtirr, was recomended. I

Ernbassy of the ~ e ~ u b l i c of Hungary

B r â t i s i a v a

Tbw the Hugarian Parliament a g g couiderably restricted the mandate of the Huaparian Govemment for forthcoming negotiarions en he TWMR.

In the iigbt of the ParIiament's decision wh ich is an explicit rejection of the EC proposai it is surprising tbat in irs Note Verbai the M i n i s ~ of Foreign A&irs of Hungary drd noî h e j i ~ r e u, EÇcuse the Slov2k Ciovemen[ of ibe da facto rzjm-on of the s i d proposal.

In this comection the M W of Foreign Affaiis of tbe SIov& Republic wishs tri h w tbe aGkntion of die Hungarim G a v e m e n t ro the faa th2t Ln i~ s q o n s r to the EC proposd the Slovak Govemmen; scggesreci to pro&, in s o l h g the TW!, in nvo s z g ~ 1 r; the lust s ~ e . which shouid bc hplemenred wi&our further deI2~. 5101akx k rady 'to comiàer tIit wbole s d e of technid mesura envisagrd h ihe Monimrhg mi_ lidaier Ma-gernent Experl's rzport: aimsd ar providing watrr discI ix~e D th: right side branch systzm. Even if Slov~kia hzi c l m prefcrenct h r somz or' f i s e m a u r e s it has bcen and re& r s d y a consid2r dso ohcr ïmonab1e mmua &Ie to ensure, sinyly or b coiiibin:tion, s ~ i c i e n i x-arer iow inro the br?dch systern. 'IZie Expert's report 2s wdl u the proposd of T& Sforzk Gavemen t submi t rd on F e b m S. 1994 refer ro szverd siich posrrailitics

As fzr a the quat ion of he nzrer aiscbxgt tu br: rnant2ii;d in &e old r ivx bzd is concerned, die Slovzk Government bzs suggesreii ro sol\,e ir in the second stage, &rr:r the dghc side brmch system is filla! up viim mxrer. n u s the need for ul increaed b c h ~ g e muid ba t e s ~ d zgrinsr rhe r d eEem of the implemenation of the first sec on hydrologid conditions: in particuiar OB the gound wakr BbIe so o k i i ncnîioned as ofie of riiison d'erre for an h u m s a of the discharge.

This qproach seems to be even more jwtified now, af'izr the refus4 by H u n , ~ to give the consent to the constniction of ma undenvater w e k , beause the decrase in the water flow veIocity expected H a result of tbe consmctioa of undemater weirs (which wa mother main r m o n for the in~ease in the dkcharge as propos& by the EC expem) will noc occur.

b rtiis m&on rhe Slovzk Gwement saesses a,& the m s i q of a c~nùnued rnoniwr%g of hydrologid situntioa mt as a motif fur dela* the qgeement on the W, but v an e s s e d condition for the adoption ofmviromnendy a d mnornidly sound and M y jWd masures. The agreement on the I Y M R envisa@ by M c l e 4 of rhe Specd Agreement is no( e n h g e r d by the Legitimate requirement of Slod5ata monitor the impm of fuwe measureç aimed ~t pprviding the waEr fiow im the b a h system, but ralher by declmtions of a cbxxkr of ultimanim such 2s wnrziaed in h e Note Verbal of tbe Ministry of Foreip of Hungxy of Mxch 28, 1994 accord& to tÿhicb H m g a prior; anci wbatever the e f Ï m of adaprm measures nod continual monitoing u e "cwinot w p t 1.. ./ a rzmporary warer q c m e n t r l ime thar dos oor Wmlve a subsmtizl qiisrulked i n c r a e in w e r to the Danube". Sirnilar acl=rioris togeher with toe r e m decision of ttie ~ u n m n k Paclivnem do aot coo;s ibu~ a the ceauon of rhe mnsmçrive snnasphere so n & d for fodwming negowons.

Thc h l i n i s ~ of Fortign ,4Eks of tbe S I o v k Republic zv~ils iaeif of rhis o p p o m i g ra rcnew to the Embusy of the Republjc of H-ay the

of is h@!aest masiderrion. &-W.

Mr, Pablo Benavides

Director

Directorat e-Generul,

Extemal PoUh'caI;ReI&fions

Commission of the European Communtties

Denr Mr. Director,

Please find enclosed for your infornzat~on copies of a recenf e-rciiarrge of Notes

between Hungary and Slouakia relating tto trie establishment arid irirplemerttatton of

the temporary waler management regime. As the Hungarian Note Verbale clenrly

indtcnfes, the Hungarian Gouernment remains fully comrnltted to injplement the

recommendations of the Experts of the European Cornmisston if Slouakia ruill do

likeubise. May I hope that the European Union, its meniber States and the

Commission continue, if necessary, within the frameulork of the Comnton Foreign

and Security Poltcy, their efforts in order that Slouakta rapidiy moue touard fill

cornpliance with the cornmitment contained in Article 4 of the Special Agreement of

dpril 7, 1994, on the esfablishnient and implementafion of the femporary water

management regime by accepting, as Hungary hlrs done, the EC-recommendation~..

The Ministry of Foreign Affairs of t h Republic of Hungary presents its complimehts to the Ernb~ssy of the SLovak Republic and with reference to the Embas~y's Nute Verbale No 190194-NO of April8, 1994> hm t h honour to communicate the following:

The Government. .of H u n g ~ r y is, .as proposecl in its earlier Note .of March 28, 1994, ready fo engage in inamdiate negotiations uihich will kad to the rapid implementation of a satisfactory femporary urater management regime orlong the Eines of the recomn&tions of the experts of the Eur~pean Commission of December 1, 1993. This presuppuses that fhè Government of Slouakia accept these recc7mmendations, rn Hungary has done. The Ministry of Foreign Affairs uf the Republic of Hungary did not receiue yef anj information of such an engagement on behalf of Slouakia neither from the EC, nor from Bratislava. The Ministry of Foreign Affairs would therefore be gratef.1 if the Siouak side could, ai ifs earliesi: conuenience, ihform both the European Commission and the Hungarian Gouernment on the acceptance of the recommendations on the basis of which irnnediade negotiations could start.

In this connection the Ministry of ~ o r e i ~ i Afiàirs wisheç Co point out that, fer fin being % categorical refusal" of the recornmendations of the Experts of the EC, the resolution of the Httngarian Parliament of March 29, 1994, is entirely consistent with those recommendations. A copy of the [as yet for technical reasons unpromulgated) reçolution is afiached do this Note Verbale for the infermatton of the Siovak Republic. As is guite clear from Hts t m , the resolu fion &ais only with the position ped ing the conclusion of an agreement on fhe temporary water management regime. The Parliament's consideration tuas that in this period-an undemater weir shall not be built at river k i l m t r e 1843. This was precisely the ukw of the EC Experts themselves, as expressecl in the letter wriften on their beJtalf by Professor Schreiner an February 8, 1994, tu Mr. Pablo Benaui&sJ director of t.he European Commission. The experts had reconmended the construction of two wel'rs ut diffeerent places, in connedwn with and subsidiary to a subsfantial incrense in the discharge regime. Such an inçrease was, as the EC Experts have pointed ouf, "the main factor9 in the recommendations.

Embassy of the SZovak RepuhZic , B u d a u e s t I

The Ministry of Foreign WaWs w k h s to inform the Embassy of the SLovak Repubtic that t h Gouernnent of the Republic of Hrsngury remains fildy prepared to implemen f the recommendations of the Experts of the EC, ,

as explained in its letter of January 14, 1994, and would Ilke io express its earnest hope that the Gouernment of the Slouak Republic will do likwise.

The Ministry of Foreign Affairs of the Republic of Hungary avaits itself of this opportunity tu remw to the Ernbassy of the Slouak Republic the assurances of its highest consideration.

MIGS~W of Foreim 33fârirs of the Slo& ~epublic pr~~&=tc i t 6 cllKpl~=t~ to the EKBZES- 05

Republie tif E ~ s t y fs E z z t f s l ~ ~ a6 xftk x . e f e r e c ~ to tlie Note VE~~EIS. sE the Ministz-jj af j?ùr&ru jsf &rs of =E xegi&li~ OZ E ~ ~ g z z y Ka. J- E / E ~ - 15/94 of 2pril 14, 1594 has tc Che 2oacmr co C ~ ~ C Z ~ E <SE fo l lo~%s.

The - - n ~ a 0 t i 2 t i ~ ) ~ s - c ~ r ~ c e ~ ~ i n g th€ Tf:;-Orzy- F ~ t e x ~ ~ ~ - & ~ ~ g n t E&Ï~E S ~ O L L L ~ c6=.~2ce vi t ~ u ~ t ~~F~~~ . - . -. - E S I E ~ . 9-E 2c l ; i gz r i~ s l a 6 W E E ~lrea6y PO~:?~EG, . - by the xoke oz - n i 6 E * ! h i ~ t ~ Pr3. ; , S G / S . L - K O of 2gr l i 8 , 1994, of th& ~zp~*hty&?,t of the PLSES t$c Elgkzk & & y a t i o ~ to tke SE&& ne~ot i? .~ iû i . s . Yp-c ZlovLk fifi.; 4 d l y ~ h a r ~ s tke cbjectivec: t~ b~ e c z ~ v e f by &- ,a& ' TgxgcrGry Watsr E f i a g ~ i . ~ ? 2 ~ 5 1 ~ 2 es s ~ t ~ p ' k fi.= q=prt of the 22 w e r t ~ of Dszezker 1, l Z 4 j a E i~ r ~ a & ~ 5- G ç ~ j s s z l l p.easuree recesszry ta ~~9 =2~.; ~r L ~ E T = ~ O ~ E , th€ i n t ~ r e ~ t cf eczLy g r g k r z s ~ h t ~ 2 . k ~

p r & - c ~ ~ à i ~ i 3 ~ sbeirL8 kg i ,a3~ fo r op ab^ ... of r~l0PS. peyotf" '

The - -- .:: v E L ~ x ~ r r i 5 lik= to cor,f in- thct khe A

~ l o ~ ~ ï c R q u i 3 1 i c is r ~ ~ & f to kost t le m ~ t k s . r ~ w s t r y CE 32fefs oc '"e 570-p&

xe-pmlic zvclla LtselP of t h i s o s p ~ e - d t y - to r a e x to. t i l ~ Embëssy of "de Z~gublic of Euoçzqr the âBÇU,-c6S of ?es E S ~ E S ~ C ~ Z S ? & T ~ ~ ~ O ~ , &è.

Budapest, le 28 2vril 1991

AU REPRESENTANT DE LA REPUBLIQUE DE HONGRIE A LÀ C O M M I Ç S X O ~ DU-DANUBE

MONSIEUR Dr GYO3GY M I S U R

b'onsieur l e p r é s i d e n t ,

l 'a i I'horineur de ~.oi ls fsre pan4enir ci-joint cc7pit de la lettre en drjte G'il 2 7 zi.+l 1994 du Représentant de la République Slocaqiie i l a C o ~ i ~ s s i o n d u Daaube, 31. J. Hauser, informant de la reprise de la na\igaiion pzr le sas droit d e I'écluri: de G&cikovo.

Le Directeur Générai du Secréiiriat f!

LE EPRESENTANT DE LA IREPU13LlQl.E SLOVAQUE A LA COMMESION DU DANU13E 1

Ng 39DW69 546194 le 27 avril 1994

Directeur Général du Secrétariat de la Commission du Danube M. H. STRASSER

J'ai l'honneur de porter a votre connaissance qu'a pastir d u 27 airil 1991, S heures du matin, la navigation intemationnIe par le s2s droit de l'écluse de GabFilcovo a repris.

Les autorités compétentes slo\.aques n'ont pas encore ache\ e I'enquêie officielle sur les causes des accidents qui se sont produits dans Irs sas droit et zauche de I'écluse GabEikovo. Sitôt connus les résultats officiels de l'enquête, la partie slo~,aque en informera la Commission du Danube. ,

Je vous prie, Monsieur le Directeur Général, de bien vouloir faire diffuser cette letire a tous les Représentants des pays membres de la Coinpission du Danube.

Veuillez agréer, hfonsieur le Directeur Général, I'espression de ma haute considération

J. HqUSER Représentant de la Ripublique Slovaque

a la Commission du Danube

Note Verbal

The Mïnistry of Foreign Affairs of the Republic of Hungary presents its compliments to the Embassy of the Slovak Republic and with reference to the Note Verbal No 23U94-No of ApriI 27, 1994, of the Ministry of Foreign Affairs of the Slovak Fkpublic addressed to th6 Embassy of the Repubric of Hunga;rv in Bratislava, has the honour to communicate the foliowing.

The Ministry of Foreign Affairs of th5 Republic of Hunga i~ welcomes the readiiness of the Slovak side to acheve the objectives se t f o l h in the recommendations by the EC experts' i-eport of December 1, 1993, concerning a substantial increase in {vater drscharge to the n a t u r d Danube river-bed and side-branches, as ive11 as other çomplementay t e c h c d raearui-es.

Since Hungaiy has already espreçsed its wil l inpess t o concludz an apeement on that baçis, tkis Ministry mould be p r e p ~ e d t o initiats md host a meeting of experts in international law of the two pal-iies. accompanied by such other experts as may be necesçay, in oi-dei- t o ai-ds. the text of the agreement on the temporary wakr-management regime. Ln the event of an agreement on the above, the Hungarian side is readj- t o sublnit to the Slovak side a ciraft ag-reernent with the aim of açcelerating the fulfilment of mutuaIIy accepted obligations as stated in Article 4 of the Specid Agreement dated April'7, 1993.

The Ministry of Foreign Affairs of the Republic of Rungary avaiIs itself of this opportunity t o reneu- tto the Ernbassy of the Slovak Republic the assurances of its hghest consideration.

Embassy of the Slovak Republic B u d a p e s t

220

Annex 66

NOTE VERBALE FROM THE MINISTRY OF FOREIGN &FAIR?, OF THE SLOVAK REPUBLIC TO THE

EMBASSY OF THE REPUBLIC OF HUNGARY, 8 MAY 1994

NOTE VERBALE

Considering that the Parties have not yet reached an agreement on the most important questions of the Tempomy Water Management Regime, the Ministry of Foreign Affairs of the Slovak Republic considers ptemature the proposal of the Ministry of Foreign Affairs of the Republic of Hungary to hold a meeting of the experts of international law to outline a draft agreement on the Temporary Water Management Regime. The Slorak Party would remind you that it proposed negotiations of the competent experts in connection with the open questions of the Water Management Reg& in Notes No. 190194-NO, dated ü April 1994, and No. 23 1.94-NO, dated 27 April 1944. At the same tirne, it proposed that these negotiations be held in Bratislava. Furthemore, the Slovak Party would remind you that the Ministry of Foreign Affairs of the Republic of Hungary has already suggested similar negotiations in its Note No. J-81EK11994.

The Slovak Party considers such negotiations necessary, taking into account the resolution of Parliament of the Republic of Hungary, dated 24 March 1994, according to which any technical solution needed for the implementation of the Temporary Water Management Regime is impossiblè without the decision of the Parliament.

The Ministry of Foreign Affairs of the Slovak hpublic dso recalls zhat the main aims of the temp~rW water management regime according to the suggestions of ththe EC experts, dated 1' December 1993, are in particular

- to provide water of an adequate quanti@ and flow rate in the branch systern on the Hungarian side;

- and at the s m e tirne to testore the groundwater level, ,because on the Slovak side better conditions have arisen compared to the situation before the river closing;

- furthemore, to provide the best possible water quality in the reservoir and the old Danube bed;

- and to provide suficient water flow rates in the river to Secure the proper conditions for the migration of fauna between the river and the branch systern.

, As stated in Memorandum No. 231194-NO, dated 27 April 1994, of the Minisîq of Foreign Affairs of the Slovak Republic, the Slovak party is ready to investigak effective methods leadhg to these goals. Meanwhile, it is necessary to investigate the techical possibilities together with the economic effects of each proposition.

The Ministry of Foreign Affairs of the Slovak Republic would like, the Hungarian Party to give a definitive answer. Are îhey ready to hold such negotiations? The Slovak Party suggests

221

that these negotiations be held in Bratislava. Mr. Joseph ~blozinsky has been appointed as the head of thé Slovak delegation. The proposed dates for the negotiations is 18-14 May 1994.

Embassy of the Republic of Hungary

Bratislava

Anna 67 ~ m k r OF FOREIGN AFFAW

Note Verbal l

The Ministq of Foreign Affairs of the Republis of Hungary presents its compliments ta the Embassy of the SIovak Republlc and with reference ta the Note Verbal No 255/94-NO of May 9, 1994 of the Ministry of Foreign AfEairs of the Slovak Republic addressed to the Embassy of the Republic of Buagary in Bratislava, has the honour to comUniCate'the folIowiBg.

With reference t o its previous Notes, the Ministry of Foreign AfYairs of t h e Republic of Hungaq, with respect ta the second paragraph to the Ministry's Note referred t o above, hereby confirms once more that the seselution adopted on M a c h 29, 1994, by Hunganan Parliament, was expressly intended to deal with measureç to be taken pending an agreement on the kmporary water management regime. It was furtheeoze adopted in the light of the fact that Slovakia repeatedly refused to sanction the efforts for mediation on behalf of the European Commission by respecting and implementing its recommendations, recommendations dready accepted by Hungary, although they fell weZJ short of what i vou ld be required for a long- term solution ta the hspute.

It is obvions from the recent exchange of notek that Slovakia'ç position -

althou h it declares repeatedly that it is "ready to investigate effective metho a s leading to acheve the main aims of the said xecommendations" jwhiçh includes a subçtantial increase in water discharge to the natural Danube riverbecl) - remainç silent or at Ieast ambipous on an element crucial to al1 variants discussed by the EC experts.

Ln proposing a meeting of experts in international law with the task to draft the text of the agreement of the temporary water management regime as provided for in. Artrcle 4 of the Special Agreement, the Ministry of Foreign Affairs of the Republic of Hungary has been encouraged by statements by the Slovak side as centained in its Note No 23Lt94-NO of April 27, 1994, and again in the Note referred to above of May 9, 1994, according to wkich "[the] Slovak side f& shares the objectives to be achieved by the Temporary Water Management Regime as set up in the Report of the EC experts of December 1, 1993 and is ready to discuss-dl meaçures neçessq to this a h . "

Embassy of the Slovak RepubLXc

B u d a r i e s t I

1

. 1394Budap@st 62,Pf.423 Tel: 117.63.02 Fax: 117.77.38 ,

! d'

Another encouraging event was a statement made by U s t e r Hrasko during its April meeting with Minister Gyurk6, according to which "d necessary technical details were amply discussed in, the past and are availahle in the recommendatioas b y the EC experts1 for that negotiations be achieved sucçessful~y without any further technical discussions".

It is therefore siuprising that the Slovak side qualified t h e Hungarian proposal aiming at startuig the drafting of the agreement on the temporary water management regime as "premature". The Ministry does not understand how the establishment of a kmporary water management regime, a matter to which the parties are committeé can be dsscnbed as "prernature".

Ln such circumstances the Ministry of Foreign kffairs has studied very carefully the proposal made by the SIovak side in the Note of May 9, 1994, in order to identify any new element whlch mlght support the stakd reaàiness of Slovakia "to discuss dl measures necessary ta achieve" the aims and objectives set out in the Report of the EC experts of December 1, 1993.

This Ministry w o d d be gratefd if the Slovak side c o d d contribute to these considerations by providing the H u n g d a n side with more detailed technical data on the suggested regime including - as the madn element of any temporary wates management regime - the meaning, in quantitative terms as weIl as in tems of periodicity, of t h e expression used by that Note of "adequate quantity of water" t o be provided under the proposed regime.

The Ministry of Foreign Aff'airs of the Republic of Hungary, espressing its readiness t o s t a r t the negotiations, as proposed by both sides, in order to reach an early agreement on the temporary water management regme, and in the hope of receiving f h h e r information as requested aboue, avails itself of thzs opportunity t o renew to t h e Embassy of the Republic of Slovakza the assurances of its hghest considerationJ+,

Budapest, May 16, 1994

Note: 3 o i / g o - m

The Ministry of F o r e i p Plffairs of the Çlo- Republic preçents its cûmplint&fTis to the R~publlc of ~trnqa-y a& w i t h reference ta the Note Verbale of the ~ i r r i s t r y of Foreigri Af fairç of t h e Republic of Eungary Ho. J-8/EK/19/1994 bas the honom ta advise the following:

The Ministry contiliuos to consider the cecision of the Hmgarian P a r l i a m a t of Mzch 23, 1994 as a r e j e c t i o a of the pr-osal to proceed with the constrdclion or two u d e r ~ a t e r weirs in the old D a ~ d e river bed woiild be the most effective and less expeaslve messure necesscry ta allow the w s t e r Eiow ;nt0 the r i g h l side branch system on the TTmgarian rerritiory. mis M L r L s t r y wishes ta reiterate onCe zgain that Slovakiz considers the constructlan of süch d e m a t e r weirs as a i r npor t a t lamen nt O Z the ~emporary Wzter ITzncgernoEt Rogime , regzrcleç s wiek discharse isto the Barabers olcï river beà v i l 1 b~ agreeà upon-

With r o f e r e n c ~ t o the llurigcry'ç proposcl tu hola a meeting of experts in inte-matienal -1aw wich the tesk to * z E t the text of the Agreemenk an the Temoorüpy Water Mzna-ment Regime, containe6 in the &ove mentioned Note of rb-e Ministry of Foreign RPfairç of the Bepublic of fu~gzry, t h e Minis~q. of Por~im Xf f airs of the Slov&k Regublic r e w ~ i n s convirice6 tha t hèfore m ÿ m ~ e t l n g of l m experts is he18, it Fç necessa? to KeSOlvQ, on th= levrl o f technical experts, = d e r of queçtlons s t i l l O-EE, the àischzrge iztc the old r i v ~ r bed being jus: oce o f them. The neea f o r such éi meet- of t e c + i e a e x ~ e r t s w a s recogriized by the f i n i s t r y of Fareign Af f a i r s of the R e p i i b l i c of H m g a r y i n i t s N o t ~ No. J-&JEK/19O4 af Harch 2 S , 1996. The Minist- of Foreign Affairç cf t&e Slovak ~egublic is not aware of a y Gevelopment fz'ter the date of tbe szià Note vï*hich could renüer the t d k s of toc.nnlcal W e r t Ç * s c e $ s a q - . Thzt is w b y Tt QOSS not understa6 ir'w the Minlçtry of Foreigr- Bffa ié - s of Eungar- haç cha~ged it s pasitioa now ~ S ~ Ç L S on the meeting of I s w experts instead of the m e e t i ~ of t e c h a i c d experts proposed by itself earljer. ,

Embessy of the ~ @ p U b l i c ~f E m g W

Th8 Ministry O* Fdreiga Affâir~ of the Slovak R e e l i c confirms once again that ÇleMkiz 3s reaay ta host the meeting of technical m e r t s f o r t he T w o r a z y Water PlaiBgeMent Regime durhg w h i c h EX passibil it ies how to,reach a substaatial prog-ress in this mattes should be considered. The m e e t h g shoüld be held at earl ies t ' c o n v e n i ~ e ~

The Mkistrv of Poreiw P t f a i r s of the SI- Repiiblic- uses th& opport&ty to inf orm the M i n i s t r y of Foreign Mfairs of the Republic oE 'Eutïgary, t h a t s t a r t h g mid Jme 1994 technical conditions will. be creeted on the Slomk territory to a l l o w the i, ncrease of the di~rhzrge of water from the , s e m o i r to Mosonl Danube. The üischarge coula B e iscreaseà f r o m 2 0 a3/a up to 40 m3/s. The inerease of the discharge into the Mosani Danube is one of possible technical masures envis~~ed in the EC Report of experts on Temporary,Water Mznagemeit Regi ine of 1 Deceinber 1993.

~ h i s ~inist-9 w d S d be v a t e f u l ta the Ministry of Foreign Affairs of R i m ~ z r y for t r a r i smi t t ing t h i s irifa-tion to competenc Emggarian authoriti~ç a 6 codfimüng that Hmqary zgrees with snch ar rincresse of discharge. It w o u l d £iIr"~her welcome ê~i i n E o m t i o n indicatsg by icMch.dz~e the t ecb i i ca l m e a s i i r É s c m a= taker 03 the Ii~g~riZrt t e r r i to ry to accomodate the progoseci increâse of the dischcrce. If zzy cnnstil tctlon between t ~ c b n i c s l ~ e r t s coscerning this issu^ iç aeeïned necessa r by E u n g a i a si&, this Ministry is pregared to provide e11 riecessa- esçistzanc~.

The M a i s t r y of Foreign -2Zfairs o f t he Çla%-ck R e p i i l i c cvails itself of this o_Daortmity to rPrierv. to the Emb~ssy .of t h e R ~ p ~ h l i c of Hungary the assurmces OF i t s higbost consiaeistiori.&&

22s

Note Verbal. 1

The Mini~try of Foreign AffaUs of the Republic of Hungary pisenta its compliments to the Embassy of the Sloveik Republic and with reference to the Note Verbal No 301194-NO of Msy 25, 1994, of

.the Ministry of Foreign Affairs of the Slovak &public addressed t o the Fmbassy of t he Republic of Hungary in Bratislava, has the honour to communicate the folIowing. -

The Ministry of Foreign M a i r s of the Republic of Hungary, being of t he opinion that dl further interstate discussion is inappropriate as ta the interpretation of the scope and legal contents of the resolution of the Hungarian Parliament of March 29, 1994, would only iike ta refer to its Note No J-8EK-15/1994 of April 14, 1994, addressed to the Embassy, to which the English translation of the text of the said resolution has been attached.

This resolution states that any provisional technical measures s h d , pending the conclusion of the agreement on the temporary water management regime, be decided by Parliament and should be subject to the actual amount of the water to be discharged by t h e Slovak side.

The resolution was in no sense. in&nded ta prevent the application of temporasy technical measures whatever they may be, provided Wlat it can be considered and decideé in the ccintext of the main factor of the regime, namely the amount of water discharge. h the absence of m y information, as requested by the Mimstry again in its Note No J-81EK-19/1994 of May 16, 1994, about the meaning of the term "adequate quantity of watef to be provided by Slovakia under the proposed regime, na technical measures cm be seriously considered.

Embassy of the Slovak Repwblic 1

B u d a ~ e s t

I

1394 Budapest 62, Pr. 429 : Tel: 117.63.02 Fax: 117.77.38 :

The Ministxy of Foreign Maira notes with great concern that the Slovak side ha8 again remained silent on this crucial point of the tempormy mgime to be agreed and Zmplemented aceording to Artide 4 of the Special Agreement,

As to the meeting of experts in international law proposed initially by Hungary, the hlinistrgr of Foreign Affairs would iike to emphasize that Hungary was encouraged ta do so by certain indications of the Slovak side duly referred ta in its previous Note of May 16, 1994, which, according to its understanding, seem to give the impression that a move from extensively discussed technical mathrs ta treaty draftiag was possible, The Minisixy of Foreign Affairs is disappointed to learn that this is not the case.

The essential point is that, as explained in earlier Notes, SIovakia should fumish information on the "still open questions", includîng the amount of the water discharge. Without a willingness on the part of Slovakia to increase the water discharge, implernentation of the EC recornmendation as a temporary wahr management regime is obviously impossible. The Ministry would be grateful if the Slovak side would provide it with such information.

The Minisby of Foreign Affairs furthemore notes with interest the information according ta which the competent Slovak authorities are planning to increase the wakr discharge £rom 20 m3/s up ta 40 m3/s into the Mosoni Danube. This Ministry will certainly iriform the competent Hungarian authotities entitled Eo deal with these matters.

The Ministq is of the opinion that the amount and nature of such an increase of discharge would not require any decision or agreement whatsoever at governmentd level. Such technicd details codd, as has been always the case in the past, be successfully negotiated and settled througb usual contacts between the appropriate water management organs and authorities of the two sides.

In the hope of a reply in substance by the Slovak side at its earlier conveniençe, the Ministry of Foreign Affairs of the Republic of Hungary avails itseZf of this opportunity to renew to the Embassy of the Slovak Republc the assurances of its highest consideration. /

me y i s t z y af Fordgp AffZFm 05 tair 810-4: -&lie p r e s a t s its cqli-cs Zo the E u b z s ~ Of the pe+lie of Euam txld *-th mfa-BPCe tc the xote Verbale of t='rre X l d s f q cif F a r e f s AfE'er~ of tfio ~wublf c W ~ F . go. J ~ / E I C ~ S ~ / = ~ C OL mk- 27, L S S ~ ed&ress& te the & ~ S S Y of. me Slomk SgubLic k B c & q e s t k2S Iih hC?2ûIIr to 2g~ise +ne folbmiag:

~4 F+ s t ~ y ' of F O I ~ S ~ EE- 05 el?& Sie-k Rep@lic takes note of the o p i d o z cf Gk9 ~ & s Z r ) . cf Foreign_ ?-fr'*~s CC LES Ii%g-&Ii~ ~f 3 ~ s f i r + c c O T ~ & ~ LQ wUÇh:+.

n.&x -=SEX iateratAre i;ss~~ssicz IS -.z~pra_arLcte zs to iht k k e q r e k e t i o c oz zhe scope IsjsZ cozta ï ts of b&~ z s o l ~ ~ t i o ~ of the rmyrim 72eLir'-t 05 F?r& 2g1 5 5 Ç G " -

FW Zr- ai&^ to proloi?y SE& c Gsctrssion ir ~ c l d a.e~~rhlesç IL= ta d r a ~ Che ctccloïrioz the Snbsssy to t b ~ s - & s t ~ ~ ~ L tEfffca7ne bekwec7 'the mr&g 05 p-c 3 of +de show -ac26neo. mte Verbde =ci pib-Aing of parz 3, of ti;e 5ese?~-;?'ca of' t 2 ~ >G?.ticW 2 s z d 7 y of Ys& 29, 1994, Edrmzde& ta the %ihassy o f t-£ s r a d &o;~Fil i c -5 Ei;&apeet: by 3 i O t ~ oz rke 3 U i g L q - of por,&- af-&~ cf the K E + ~ ~ c pz I:w~-Y hf0- J- B / ~ Z - Z S J S g 4 of , aa r l l 18, 14ÇS.

I

.-

229

n p p n n + ~ g a coaclusion of t;ha =ety on a t e m p w =ter: W ü ~ . F m p n G r ~ @ ' z d e ~ me wzt$r stqgly to tbe *- sy- of 6 Z L ~ t k . 5 ~ shalr bc' -& $y ui ~ o g r o ~ r i ~ t s @M(t OE etpr sumlie& ca i z i ~ E o s d :-e by p w k g f rm -a ~muZe,/ . , -/=

w-ea Ze-esth~ the c-mlt ta cqatim'çl if$ eEEwrirs ci;nrac; the cozlcLt*si~~ of G. £ree or? the C q Q r w -mt r ~ c y d & 8&t40m a s ~ a l y , h p m 2 aE s~F6 msob~~icin ae-rsrthe~tss stated met:

n/. . . / T a m c ê l hte-k iaz~ ZecessL? for B - t i a ~ of groceeEhgs 'befoa tke 8 B e L be E é c i 6 ~ E by rke E z t L s ~ l A ~ i j ~ t l i p l ~ , 6epi;n-g the c&,l -ter ~ h ; r i nT- *

e - s o t 2 me L=2e-pp==t.=:lvy s ~ ~ ~ P ~ ~ ~ ~ C Q Z Z ~ ~ X O ~ E V m 9 d e of -&f Fd; sLc-. GE For;iy,* 3 2 E 2 - z ~ 6f *E ~ci?Slic - OF =yr-~ p 7 5 fiy +&e e q e c t ~ t i o n C O = & ~ G S ~ ~ ~ E of =-O I -&=~P=~E=

h t&e 014 D.zx&É riüsr beE c p S C coma=e &gCLy-- T h i s Y ! s tq- &<sies n e ~ e r r 7 e ss to rvikerzts m e zezEcess ar' G ï o ~ ~ to cc- beck to +&E cesciaz i-&tal_y X ~ E Z -$==y Ee&s Ft qgro_nsiate.

Re£erri=s Co F Z 3 cf ta= R e s o l ~ t i a j . of 'de Xzt f o d 23a2331y 02 tke Eeyhlic of EEuprCy =<se* cc - tbe tise of p r z oz t5e va te r s ~ g ~ l i e E ka t41.e Xa8a"i ~ar i u j e $or m e iÿzcer xggïy to the *-~h= sicf b-eh sp2erri and to -bis F 5 3 5 ~ t r ~ ~ ' s P~;S*OUS Xote No. 301/94 cf _q 25, 1596 ~ O ~ Y I - E G - ;nfümetLan abtit the mssaflity t o 2 x z z ~ s e , s t z r k b g &d JJme i490r tkè &&=ge oP viitpt E r m Eh= r ~ s ~ w i r La tLe K03c-i a z m e Croiil SO -/s lq tû G o a l s , KSxLsCrf tckf s nate af &fhzei-üe zeactioa of tLe Y&fstrx- cf goreip ~ Y A : ~ S OF -ne zepuaxc 02 E ~ S Y ~ ' r . tslis r e s g ~ c z zad z p p r ~ c l ~ t , e Iszter'~ asscr7ce tke cOeetcnr sataria ~uthcr%tf es z f - L C è C Zu C e s *esa e t c a s hiU be i n C ~ - ~ d .

~t s û m tim ft wacù l i k e to r d t e r a t e i ~ s des- LU obtaji ;n€ormatioi. wl?r=hex techica l nersuzss recessaq tg ~cc~pmi0cG.t~ me gropose6 ineretse 02 t h

e s t O= tbe mqxc ia tezzit*?ry. m-cal. &eteLs, ES sugg~sted -h the rjiote V ~ z B l e , c r d ~ be sett l& ASfi3ctIy bekmers c-etmf. W ~ t e -2-2

arma =utBarities of the %-a sices, 0-

-. x~*ttbstmrtf~tc tke -;oz --r&sseSSed ,332 the g ~ t e v e ~ d = W & l ç L z y of F o r s i s a2 tlte e N l i c af of May 27, -94 W C "the

OC =Ch &z iarrrexe m d d net TE&= =Y . 6ecisiod o r a g r e m t wlatscmr t pmt*?

%e ths Mas& &e fna~ Bl-i i~ u- re;te=t:. Wsty provisims Ob3LigEO t0 9-ee b zu mJs, Slo7izki.a 5s tearly, w i t h a t p r ~ ~ f i c e ta its reie-'. t;recty &l+pi io ; i s , td ào-aie ms 6js-e as z GC te~rgar-z 'ce&&czl. mew-mes gir#eü EC prOemg i i i~ter ~zicgiy to t.&e ript si& b r a & q s c w . w~ h ~ d . 8 C S ~ S E ~ O E ~ t0 - uçe af tke m~açity oE b o a t h istzke Z r e s a tke cwzectiag &Fe htaice s tme tu re p;fa the M ~ s Q ~ T DmUaa CI: a ~ d ~ ? t w ~ i i ; o q -

c0&it50bs f o r mi-I:ion eE wet7aIa g.pec&+s beta-eeq &da "ives d the siBe b r ~ ~ c i î e s . %y are &f hed, ia ci tetive qzazt~t~tive temi a Lh. replt. %ES= p w u s e s c a Ise at ta i5M by d5ffer-t c m h a t i o n s 0.5 cechdca WsiLteS m d the &5&qey -deh b25ger ar Iossef on productfm.

T ~ Q a p t W ceqb2.mtfan oE &SE ~z--es $s a &te Zar nwo*iztior?s 03 k e & & a

- e s . The M5nisLq OZ P Q ~ € ~ W Efairs ,of the Sl-ak ~ ~ $ & l i ~ is oL de=- t h - +hase wgatiations =e

~p6. raLt-tes ozce mrê: that the Slovak s5de fs ~ i f 6 y ta hast the E E E ~ ~ of tecimica ex;se*S f o r the T e q o m q - Wzi== mrzzga-mt R e g i m e .

CONVENTION ON COOPEBATION

FOR TZIE PROTECTION AND SUSTAINABLE USE

OF THE DANI~BE a f m

(Danube River Protection CcnventionJ

Table of contenta

Pre~rhle

Part 1: General Pravisions

k-ticle Z r Objsctfves and principloe of cocperation

Article 3: Sc,ope

P a r t TI: Multllateral Cac~eratiaq

k t i c l e 5 I Prevention, çontrol and reduetion of transboupda-ry impact

A-ticle 6 : Speeific vater resourcee protection measures

Article 7 : Emission limitation; water quality abjectives and critoria

Article 8: Erniaa ian inve i i tos ies , action programmas and progrees sevaeue

Article 9 : Monitoring programtnes

Article 10: Obligations of reporting

t i c 1 1 1 Consultationri l

PAGE -

Article 13: Protection of information eupplied

Article I d : Information to the Euhlic

i lrticle 15: Research and devalopmont

Article 16: Ce~munication, warning and alarm aysteme, amergency plane

Article 17: Mitual aasietanee

part III: Inte~ationaleomlsaion 111

h - t i c l e 18: Esfiblishment, tasks and competancea

hrticle 19: Transitien cancerning the h c h a r e a t - D s c l a r a t i a n

Part TV: Procedural and f i n a l clausea

k t i c l e 20: Valfdity o f the Aanexes

L-ticle 21: Exist fng and eupplementary Agreemenro

u t i e l e 22: Conference of the Parties

Article 23: dmendmenta te thsi Convention

-ticle 2dr Settlernent of dieputee

k t i e l e 25: Signature

hrticle 26: Ratification, accepfaaee or approval

Article 27: Z n t r y iato force

u t i e l o a @ : heceoaion, participation

lvticle 29 : Wifhdrawal

k t i e l e 30: Flmetions of the dopoaitasy

~ r t i c 1 ~ 31: Authentic texts, depoaitisy

/Part 1: Beat available techaiques;

/Part 2 : Best eavisonmental practico

L u i e x II: Inauscrial nectorii and hazardous substances

/Pa=t I r ~ i s t cf industrial sectetg and industries

1

/Part 2: Cuiding l i n t of hazardoun aubetances and graups of substances

t

-ex III: General guidance on water quality objective^ and criteria 1

I

I

-ex IV: Statute of the Intarnatianal , Commission for the Protection of Danube River

The C ~ n t r a c t i n g Partien,

Detemined by t h e strong intention to intensif y t h e h r wator management coope-

r a t i o n i n the f i e l d a: uater p r o t e c r i o n and water use:

Ccncerned ovar the occurrence and threat s cf adverse e f f e c t a . in the s h o r t or

long t e m , cf changes in conditions of watercourses uithin the Danube River

B a e i n on the envfxcnlient, econornies and uell-being of the Danubius Statem;

b p h a s i i i n ç the urgent need f o r strengthened domostic and international measu-

ren e o prevent, control and reduce significant adverse transboundary impact

from the ralease o f bazardous substances and of nutrients into the aquatic en-

vfronment w i t h i n the Daaube Basin with due attention also given co the Bluck

Sea;

Commendlnq the rneasurea alraady tuken on the domestic i n i t i a t i v e of Danubiaa

Countries and on the bilateral and multilateral level of t h e i r c o o p e r a t i o n a s

m e 1 1 ae the e f f o r t e alraady undertaken within the CSCE-procese, by t h e United

Natione Economic Commission for Europe and by the Europoan C a m u n i t y Eo gro-

mate the ccxiperation, on bilateral and multilateral Isvela, for the prevention

and control cf tranaboundary pollution, s u s t a i n a b l e water management, rstianal

uari and conservation of wnter rescurces;

Refercinq in psrticular to the Convention on t b p r o t m F P a and rure nf rrans

bcundarj uatercouree~ and international l akes of 17 Hurch 1 9 9 2 au vell s a the

ixisting bi- and multilateral cowperutfon mcng Dunubian S t a t e s , which vil1 be

contfaued and duly faken into account by the cooperation of a l 1 Danubien S t 4 -

t e a , as well as pointing to the convention on t h e p r o t e c t i o n of the Black Sea

against polluticn of 2 1 Apri l 1 9 9 2 ;

S t r i v i q g i t a l aa t ing Fmprovament and protection of Danube R i v e r and of the 1

vaters within i t a catchent irea in particular i r r the transboundary CORteXt

and a r nuetainable vater management takfng duly into accaunt the intereets of

the Danuhian Çtatee in the f i e l d of w a t e r u a e and at the same t h e con t r i -

buting to the protection of the marine environment of the Black Sea;

Have aareed a8 follows:

GENERAL PROVI ÇTONÇ

For the purpoaem of this Convention:

(a) "panubian Stacea" mean ~overeign Jfafes( .ha=inp a conelderable part of

the hydrolo~ical caocbmsnr ire* of =ha Danube ;=ver) An sonsida?able parc

theie Le aaaumed a ahare exceeding 2000 of the fofal hydrological

citehmenr area.

(b) "c~itcbmene area" of the Danube River meane the hydrolcgical river basin

ae far as it is shared by the ContYacting part i e s .

( c ) "T~ansboundar~ impact" meana any s i p i f I c a n t àdverie e f f a c t on the rive-

rine onviroame!3t resulting from a change i n the eonditione of watora Eau-

nad -ty human act lv i ty and stretching out beyond an area under the juris-

diction of a Contracting Party. Such changes Tay a f fec t life and propor-

ty, aatety of facillties and t h e awatic e c c s y e t m s çoncernéd.

(dl "Raiardoua rrubseances '' means subntaaeei whieh bave toxic , caaemragoafc~

mutagenie, teratagenic oz b i o a c c u m u l a t i v e a f f e c t s , in particulir tho ie

bekng persistent and having a i h f i c a n t : adverse impact on living orqa-

niama.

( 8 ) "Substances hazardous to vate$" meani eubetancee the harird potential of

which ta w a t a s resousces ie extraordinarily high eo that their handlfng

raquirea special prevantive and proteceive rnea-sures:

( f ) "PoFnt and non-point sources of water p a l l u t i o n " means the a o u r c e e of

pallutante and nutrienfs the ingur of which to waters i a causid nicher $y

lccally d e t i m i n e d diecharges (point iource) or by d i f f u s e affecte being I

v i d e spread over ehe catchment areae (non-point scuscen);

g "Water balance" means the relationahip charaeterising the natural water

houeehold of an e n t i r a river basin a8 to i f s compcnent~ (precipitatioa,

eva~.oririon, surface and underground mn-of f ) . In addition a camponeac of

Rirrent man-made e f f e c t s arkginating f r o m water u a e and influencing w a t e r

(h) "Canriectincr data" meaile s-ariied data derived from upatrearn rafar ba-

lances as fax as being relevant a s an input neceeaary for the e l a h r a t i o n

of dctm8tream water balancea and of a ganeral watnr balance for the Danu-

be River. To Ehis extent comecfing data cover the camponentB of the wu-

ter balance fer a l1 sLgnificant tranaboundary w a t e r i wkthin the catebment

area of the Danube River. Connecting d a t a refer to cross mectiona of

traneboundaty w a t e r e where they mark, cross or are located on boundariea

befveen tbe '~ontracting Parties. ',

(i) *International Commission" means the organisation eatabliahed by hrtiele

18 cf th ie Convention.

OBJBCTIVIS AND PRINCIPLES

OP COOPERATION

(1) The Contracting Parties shall strive a t echieving the goals of a sustain-

&le and equitable,water management, including the conservation, kmgrovement

and the rational use of surface watera and ground water in the catchment

srea as f a r as possible. Moreover the Contracting Par t i e s s h a l ~ maka a l 1 ef-

forts to control the 'hazards originatiag f rom accidents i nvolvinç substances

hazardoits to water, f l a d s and ice-hazards of! the Danube River. Mareover they

eha l l endeavour to contribute to reducing the pollution loaàs cf the Black Sea

frm sources in the ca t chent area.

(2J The Contracting Parties pursuant ta the provisions of th i s Convention

@hall cooperate on fundamental water management: i s s u e s and take al1 appropri-

a t e legal, administrative ahd t e c h i c a l measures, to 2 t least maintain and im-

prave the current environmental and water quality conditions cf the Danube Ri-

ver and of the waters in its catchment area and to prevent and reduce as far

as possible adverse impacts and changes occurring or l i k e l y to be caused.

(3) To This end the Contracting P a r t i e s , taking l into account the urgency of

water pollution abatement measures and of rativ+al, susta. iaable water u s e ,

a h a l l s e t priorhties as appropriate and s h a l l stréngtberi, harmonise and coor-

einete neasures taken and planned f o be taken a t the dornestlc and icternatio-

na1 lave1 throughout the Danube B a s i n aiming at 'sustainable development and

environmental protection of the Dznube River. This objective in particular is

directea to ensure the s u s t a i n a b l e use c f eeter resources f o r municipal, in-

duatrial and agricultural gurposes a s well as the conservation and restaura-

tion of eçosystems and tc cover also crher requirementç ocurring as to public

heal th.

( 4 ) The Pol lu ter pays principle and tSs ~recaut ionary princigle conscitute a

baais for al1 measures aiming at t h e protection o f ~ t h e Dar-ube River and of the

waters within i t s catchent area. 1

I

(5 ) water management cooperation shall be oriented on sustainable water mana-

gement, that meana on the criteria of a stable, envfronmontally aound

development, which are a t the same time dfrected ta:

- maintain the overall quality of life:

- maintain centinuing access to natuzal rescurces;

- avoid lasting envi~onmental damage and protect ecosystems;

- exercise preventive apgroach.

(6) The agglicatkon of this Convention by no means s h a l l cause any aignifi-

cant direct or Indirect increasa of impacts to the riverine environment.

(7 ) Each Contracting Party has the r ight to adopt and implement rnsasurss bé-

ing rncre stringent than those resultfng from the provisLoas cf t h i s Conver,-

t i on .

Article 3

SCOPE

(1) This Convention applies to the catchent area of the Danube River a5 de-

fine? under Article l , paragraph Ib) .

( 2 ) Subj~Ct to th i s Convention in particular shall be the fo l l owing pianned

sctfvi l . iss and ongoing measures as far as they cause or are likely to cause

trarsbundary impacts:

(a) the discharge of waste waters, the input of nutrients and hazardous sub-

stances both from point and non-poist sources as well as heat discharge;

ib) planned activities and measures in the 'field of water constructior. works,

in particular regvlation as well as run-off and storage level control of

w a t e r courses, flood control and ice-hazards abatement, as well as the

effect of f a c i l i t i e s situated i n or asidi the vatercourse on i t s tydraulic

regime;

( c ) other gkanned a c t i v i t i e a and measvrea f o r the purposes of water use, such

as watir power utilization, watet trsnsfer and withdrawal;

(d) the operation of the exiating hydretecimical constructions e.g. reser-

voire, W a t e r p o w e r plants; measures to preuent environmental Impact inclu-

ding: deterlerat ion in the .hydroYogical conditions, eroslon, abrasion,

inundation and sediment flow; meztsures to protect the ecosystems:

(e) the handling of substances liazasdous to water anü the precautionary pre-

vention of accidents.

(31 This Convention is applicable to issues of fisbery and inland navigation A

as far as groblema of water prot2ction against pollution caused by these a c t i -

vitles are concerned.

The forms ef cooperation under th ia Convention as 'a r u l a are tha felloving:

(a) consultati~ns end j o in t activities fn tpe frameiuork of the International

Commission pursuant to the prov=ons of thls Convention:

(b) exchange of information on bi- and multilateral agreements, legal regu-

lations and on msasures in the f i e l d of water management; exchange of le-

bal d;icurnenta and directives and of other publications; other foms for

the exchange of infornarien and exparienees.

part II:

WTIL&JXRAli COOPERATION

PREVENTION, COUTROL AND REDUCTION

OF TRlrNÇ b0'üHDARY IKPACT

(1) The Contracting Parties s h a l l develop, adopt and imglement relevant ;

iegal, abninlatrative and tochniczl meaaures ns well as provide for the

domestLc preconditivns and bas<: required in order to ensure efficient water

quality protection and sustair.aFsle ',!ater use and thereby also to prevent,

control and reduce transbeunciary impact.

( 2 ) To this end the Contracting Parties s h a l l segarately or jo int ly take in

particular the measuses indfcctod hcloic:

(a ) record conditions of natural nwter resources vi th in the Danube River

c a t c h e n t area applying agreeâ quanti ty and puality parameters including

the methodolosy concerned;

(b) adogt legal grovi sions providing for requiremeata including time l k r n i t s

to be m e t by vaste water discharges;

( c ) adopt l e g a l provisions fo r the handling of substances hazardoua to water;

( d ) adopt l e g a l provisions far reducing inputs of .nutrfents o r hazardous sub-

stances from non-point sources, eçpeeially for the application of autrl-

enta as w e l l as of plant gr~tection agents and pesticides in agricultuxe;

(e ) with the aim of harmonising these regulations a t a high ievel of pro-

tection ns w e l l as for the harmonised imglementation of COrrospanding

measures the Contracting Part i e s shall take intc account r e a u l t s and pro-

posala put forward by the International Commiaaion;

( f ) the Contracting Part iee shall coopsrate and take appropriate measurea to

avoid the trans$oundary impacts of wastes and hazardous substances in

garticular originating f s o m transport.

Article 6

SPECIFIC NATER RESOURCES PROTECTION MEASUREÇ

The Coiltracting Parties shall take appropriate measures aiming at the preven-

Cicn or reduction of Eransboundary impacts and at a sustainable and equitable

u s e of water resources as well as a t the conservation of ecological resources,

espacially:

i a l anuqerate groundwater resources subject to a long-term protection as vell

as protection zones valuable for exfsting or future dr ink ing vater supply

pürposes ;

(b) prevent the pollution of ground-water resources, sçgecially those in a

long- tenn perspective reserved for drinking w a t e r suggly, i n particulgr

caused by nitrates, plant protection agents and pesticides as well as other

hszardous substances;

( c ) minimise by preventive and con t ro l measures the r i sks of acc identa l pol-

lut ion;

(dl take i n t c account possible influences on the water quality resulting from

planned activitiss and ongoing measures pursuans to Article 3 paragraph 2 ;

(e ) evaluate the importance of d i t f erent biotope elements for the ri-.-erine eco-

logy and propose rneasures for improving the a q u a t i c and litosal ecological

conditions.

EMISS ION LIKITATION;

WATER QUALITY OBJECTIVES AND CRITERIA

il) The Contraçting Partiea taklng into account the proposais ftom the fnterna-

cional Commission shall set mission limits applicable to individual industrial

nectore or knduatries in tems of pollution loade and concentrations and based

in the heet possible wêy on Low- and non-waste technologies at: aource. Where ha-

tordoua substances are discharged, t h e emission llmits shall be based on the

beet available techniques f o r the abatement at source and/or for waste water pu-

rificacion. For municipal waste water, emission limitr shall be based on the ap-

plication of a t l e a s t biological or an equivalent level of treatment.

( a } Supplementary provisions for greventing or reducing the release of hazar-

dous substances and nutr iente s h a l l be developed by ehe Contraçting Parties far

non-point sourcss, in garticular where the main sources are originating frca

agriculture, taking into account the best environmental p r a c t i c e .

( 3 ) For the purpose of paragraphs 1 and 2 hnnex II to t h i s Convention contains

a l i s t of industrial sectors and industries as w e l l as an additional list of ha-

zardous substances and sroups of substances, the discharge of whkch from point

exd non-point sources shall be preventeâ or considerably reeuccd. The updating

of Anqex II lies with the International Commission.

( 4 ) The Contracting Parties in addition shall, wheri appropriate, define wa-

ter quality objectives and apply water quality c r i t e r i a for the purpose of

preventing, controlling and reducing transboundary impact. General guidance

for this i s given i n Annex III, which shall be apglied and specified by the

Contracting Parties both, a t the domestic level, and jointly, where appropriate.

( 5 ) Airning ut an e f f i c i e n t limitation of the emissions i n areas under the ir

jurisdiction the Contracting Parties shall ensure necessary preconditions and

hnplementation.

They shal l ensure that :

(al the dmestic regulationa for emfssfon limitation and tbeir l eve l of atan-

dards imgosad are harmoniaed step by s t e g with the erniseion limftation

purauant to this Convention)

Ib) waste water discharges without exception are based on a permit imposed by

the cemgetent authoritias in advance and for a llmited period of validity;

(c) regulations ana permits for prevention and control measures in case of

aew or rnqdernisod industrial facilities, in particular where hazardous

substances are ilnvolved, are oriented on the bsat availabïe techniques

and are implernented wieh high griority;

Ed) Bora strfngent provisions than the standards - in individual cases9 even prohibition - are imposed, where the character of the recoiving water

aod of its ecosystm BO requires in couneetion w i t b paragraph 4;

(a ) competent authorîties surveille, Çhat activities likely Co cause t r a n s -

boundary impacts are carrfed out in cornpliance with the gexmits and pro-

vfsions imposed;

cf} environmental impact asssssment in l ine w i t h supranational and Snterna-

tional regulations or other procedures for evaluation and assessrnent of

environmental e f f e r t s are applied;

(g) when planning, licensing and imglementfing activities and meaçures a a r a -

ferred to i n Article 3 , paragragh 2 and in Article 16, paragraph 2 the

cornpettint authoritien take inro account r i ska of accidents involving sub-

atanc'es hazardous to water by imposing preventivi measurei and !3y erde-

ring tules of conduct for post accident response measures,

EMISSION INVENTORIES, ACTION PROGRAMNES

AND PROGRESS RBVIEWS

(1) The Contraeting Partielr shall undertake periodically inventoliea of the

relevant point and non-point sources of pollution within the catchent area of

Danube River including the prevention and abatement measures already taken for

the resgectfve discharges a a well as an the actuel efficienry of these measu-

ree, taking duly into account Article 5, paragraph 2, subpara a.

(21 Eased on tha t the Contracting Parties shall in stages esçablish a l i a t

of Lurther prevention and abatement measures t o be taken steg Sy s t ~ p as f a r

a5 thii is necessary for reaching the objectives of this Convzntion.

( 3 ) The inventory of emisslons and the list of measursç to be taken form the

basis f o r developing jo in t action programmes to he develoged by the Contrac-

t ing Par t i e s taking into account grior i t ies set in teras of urgency and effi-

çiency. Thase action programmes in partirular shall be aimed a t the reduction

of pollution loads and cancentrations bcth from industrial aiid rr.unicipe1 point

seurces as well as frem non-point sources. They shall i n t e r alia coiitain the

preventian end abatement measures including the timing and cost e s t i m a t e s .

( 4 ) In addit ion the contracting Part ies a h a l l moni tor the progreas ma& in

the impLementatlon of the j o i n t action programmes by establishing periodical

grogress reviews. These reviews shall sontain both, the protectioa measures

irnplemented and the prcgress made a s . t o the r i v e r i n e conditions in the light

of the actual assessrnent.

A r t i c l e 9

MONITORING P R O E W E S

On the basis of their donestic activaties, the Contracting Part i e s s h a l l co-

egesate in t h e f i e l d of monitoring and assessment.

(1) For thia aim, they shall

- harmonise or make comparable their monitoring and assessrnent methoda as - applied on thelr domestic levels, in particular in the field of river

qualfty, .mission control, flood forecast and water balance, with a view

to achieving comparable r e s u l t i to be introducad into the joint monito-

ring and assesnment activities;

- develog concerted or joint monitoring systems applying stationary or mo-

b i l e maasurement devices, communication and data processing f a = i l i t i e e ;

- elaborate and implement joint programmes for monitoring the rivesine con-

ditions in the Danube catchent area conesrning both w a t e r .qual i ty and

quantity, sediments and riverine ecosysrsms. as a b a s i a for the asseas-

Dent of transboundary impacts such as transboundary pollution and changes

of the riverine regimes as well as of nater balances, :Icods ans ice-ha-.

- develop joint or harmonised metkods for monitoring and iissessrnent of wa-

ste w a t e r dischargea including processing, evaluation and docunientation

of data taking into account the branch-sgecific apprcach of omission li-

mitation {Annex II, Part 1) 1

- elaborate i n v e ~ t o r k e a on relevant point sources including t h e pollutant~

dischatged lemission inventories) and estirnate the water pollution Sr-

non-point sources taking iht0 account Annex 11, Part 2; raview these da-

cumente according to the actual e t a t e .

12) In particular they shall agree upon monitoring pointa, river quality cha-

racteristics and pollution parameters regularly to be evaluated for the Danube

River wkth a sufficient frequency taklcg into accountrthe ecolggic8.i and hy-

drological character of the watereourse concerned as well a a typieal ernisiioas

of pcllutants.diacharged within the respective catchent area.

(3) The Contracting Parties shall establish, on t h e basis of a harmonised

&hdolosayr domestic water balances, as well as the general water halance of

;w Danube River Basin. As an input for thia purpose the Contracting Partfea

20 the extent neceçsary d s h a l l provide connoçtfng data which are sufficiently

through the application of the harmonised methodology. On the same

data base water balances can also be ccmpiled for the main tributaries of Da-

nube River.

( 4 ) Thsy shall geriodically assess the quality cond i t ions of Danube River and

the progress made by t h e i r measures taken airning at the prevention, control

an2 reduction of transboundary impacts- The r e s u l t s vil1 be presented to the

public by appropriate publications.

Art ic l e 10

The Contracting P a r t i e s shall t s p o z t CO the International Ccmiss ion on basic

issues requireâ fer the Comni~sion to coaply with i t s tasks, These reports

shall in particular invclve:

( a ) reports and documents being fores~en i n this Convention or requasted by

the Commission;

(b) information on the exielence, conclusion, -endment Gr withdrawal of bi-

lateral and multilateral agreements and treatfes regulating the pro-

tection and water management of the Danube River 8nd of waters within i t s

catchment area or being relevant for questions concerned;

( c ) information on their respect ive latrs, ordinances and other general r e -

gulat.ions, regulating the protection and water management of the Danube

River and c f waters within i t s catchmenf area or being relevant for que-

st ions cencerned;

- l? -

Id) communication, at the latest within an agreed delay after the Internatio-

I -7

mal Cornraiesion has takon.its decision, on the way, the tirneframe and the

financial expenses for implemanting action-oriented decisione at the do-

neetic level, such as reeommendations. programmes and meaeures;

(el designatiori of competent institutions t o be adressed for coogeration in

the framawork of this Convention by tbe International C m f s s i o n or by

other Contracting Partieaï

(f) c b m n i c a t i o n on planned rrctivitiea, whieh fo r rearion of their chasart'ëx

are l l k o l y ta cause transboundary impacts.

CONSULTATIONS

(1) Hèvihg had a pr io r exchange of in fomçt ion the Contracting Pcrt ies invol-

ved s h a l l a t the sequest of one or several Contracting Parties cuncerned enter

into consultations on glanned activfties as rsferred to ir. Article 3, para-

graph 2, which are likely to cause transboundary impacts, as f z r iis this ex-

change of fntormation and these consultations are not yet covered by bilateral

or othar international cooperation. The consultations are carrfnd out as a

fule in the framework of the International ~~mmissianr with the a h to achieve

a solution.

(2 ) P r i o r Go s decision on piannod actiritieç the competent authoritiee - with the exception of pending danger - shall wait f o r the rasults of the con-

sultations except the case, that they are not finalised one year after thefr

commencement a t the latest.

EXCK;WOE OF INFORMATION

(1) As determined by the International Commission the Contracting Partiea

e h ~ l l exchango reasonably available data, i n t e r alia, on:

(a) the general conditions o t the riverine environment within the cetch-

ment area of the Danube River;

' (b) exgerience galned in the application and operation of best available

techulques and r e s u l t s of research and devslopment;

(CI emiseiun and monitoring data;

cd) measures taken and planned to be taken to prevent, control and redu-

ce transboundary impact]

le} regulations for waste water dtscharges;

( f } accidenta involvkng substances hazardous to uater.

(2) In ordor to harmonise ernfsslon limita, the Contraethg Parties shalX un-

dertake the excbange of i n foma t i cn on their regulations.

(31 If a Contracting P a r t y is r e a e s t e d by any other Contracting Party to

provide data of information t h ï t i a no t available, the former shall endeavour

to comply with the request but nay condi t ion i t s cornpliance upon the payment,

by the requesting Party, of reasonabls charges for collsctfng and, where ag-

propriate, proceasing such data or infcrmation.

( 4 ) For the purposes of the implmectation of this Convention, the Contrac-

ting Parties shell facilitate the exchange af bist available techniques, par-

ticularly through the promotion of: the cornercial exehanga o f available tech-

niques, direct industrial contacts and cooperation, including joint ventures;

the exchange of information and expsrience; and the provision of t echnica l a s -

sistance. The Contracting Parties shall also undertake j o i n t training program-

mes and the organisation of relevant seminara and'meetings.

( 5 ) The provisions of this Convention s h a l l not affect the rights or the'ob-

ligatfons of Contracting Parties in ac&rdance with t h e i r dcrnestic laws, regu- 1

lattons, administrative provisions or accepted legal practices and applicable

internat ional segulctiona to protcct information related to personal data, in-

te l l ec tual progerty including indus tr ia l and rommerci al ascrecy, or natf onal

aecurity.

l b ) If a Party niverthelese decides ta supgly such protected information to

*trier Party, the Party receiving such protected information shall reapect

the confidentiality of the information received and t h e conditions undsr which

i t is supplied, and ahall only use that information for the gurposea for which

PROTECTION OF TNFORMATION SUPPLIED

rnaofar as pursuant to t h i ç Corivsnticn industrial and cummercial secrets or

other confidential pieces of information are transmitted in confomity with

domextic lavs, the receiving Contracting Parties observe the seçrecy of

this information by not using it fer any other purposes than those stigulated

in this Convention, publishing i t , cr making it available to third parties. In

case any one Contracting Party f e ~ l o unable to ccrnply with this obliaation

regarding confidential information t t a t has been trançmitted to iti it shall

infonn the transmitting Çontrcc t ing Party about it without any delay and re-

transmit the transmit ted in for .na t ion . Perso~al aata shall be transmitted to

Contracting Parties i n c o n f o m i t y with the domestic law of the rransmitting

ontracting Party. The receivor n h a l l use persona1 data only for the purpose

l d i c a t e d and unâer the conditions egcc i f i ed by the transmitting side.

Article 14

INFORMATION TO TIIE PUBLIC

1) Tho Contracting Parties shall ensure that their campetent authosities axe

equised to make a v a i l a b l e information concirning the state or the qual i ty of

:iverine ~nvironme~t in the Danube Basin to any natural or l e g a l person, with

iaymsnt of rsasonable charges, i n response to any reasonable requeçt, without

:hat person having to prcve an interest, as socn as possible.

( a ) ho infornation refirred ta in paragraph 1 of tùâa Article, which Le held

by public authoritiea, may be uiven fa written, visual, o r a l or data-basod

ionn.

( 3 ) The provieiona of t u a AtticLa ahal1 net affect the rfght of Contracting

parries, in accordance u i th rheir domeatic l e g a l ttyaterna and applicable in-

ternational regulationi, to provide for a requeat for such information ta he

r ~ f u n e d where ir: a f f e c t n ;

( a ) t h e confidentiality ef the groceedings of public authorities. i n t e r n a t i c -

na1 re la t ions and national defence;

(b) public aacurity;

(c) mattore which are or have been " e u b judice" or under enquiry includfng

dieciplinary enquirien, or which are the subject of preliminaxy procee-

dings;

id) commercial and indur tr ia l canfidentialicy as wall as inteliLoctua1 gtoper-

ty ;

(9) tha confidentiality of pereonal data and/or f i l e s ;

(f) material aupplied by a third party vithout that gsrty belng under a legal

ebllgation to do ao;

(g) material, the dieclosure of which would make it more l i k e l y that the envi-

rament to which such mater ia l relatsd would bo damaged.

( 4 ) A public authority shal l reepond to a person requeating information as

iocn as paaaible. The reasoni for a refuaal to provido the information reque-

sted muet b? givan in writing.

(1) To further the i i m s of this Convention, the contraeting Parties s h a l l

B g t a b l i ~ h coinplementary or joint pregramea of aciantific or technical re-

rnearch and, in accordance witb a procedure to be regulated by the Internatio-

nal Comdasion, transmit to the Commieaion:

(a) the results of such comglementary, joint or other relevant research, the

access to which is open for publie authoritles;

(b) relevant parts of other programmes of s c f e n t i f i c and technical research.

( 2 ) Z n 80 doing, the Contracting Part ies s h a l l have regard to the wozk car-

ried out or supperted, in these f i e l d s , by the appropriate internatlorial orga-

nisationa and agencies.

C O I W N I C A T I ON, WARNING AND ALARM SYSTEMS,

EMERGENCY P U S

II) The Contracting Parties shall grovide for cooràinated or joint cornmunLca-

t ion , warning and alann syiterns i n the basin-wide çontext to the exxent thls

is necessary to supplement the srstems established and agerated at a bilateral

levsl. Thsy s h a l l consult on ways and means cf hamonising dornestic cammunica-

tion, warning and alarm systems and emergency plans.

(2 ) The Contracting Parties shall in the frarnework of the International Corn-

mission inform eaeh other about competent authar i t i e s er points of contact

deekgnated for t h i s purpese in case of emergency events such a,a a ~ c i d e ~ n t a l

pollution, other crit ical water conditions, flocds and ice-hazards. Aceor-

dfngly ths c o m p t e n t authorfties shall cooperate to sstablish j o in t emergency

plans, where necessary, supplementary to existing plans on the bilatcral le-

val.

( 3 ) I f a cmpetont auttorlty identifies a sudden increaae of hazardoua sub-

&ances Ln the Danube River or in waters within i t s catchent area or receivsa

nete of a disaster or of an accident l i k e l y to cause aerious impact on the

~ a t e r qualfty of Danube River and to affect domstream Danubian States thie

auth~rity shall imrnediately infoxrn the contact points designated and the In-

ternational Commission according to the way of pxocedure introduced $y the

çommiasion.

( 4 ) fn order to control and rwducs the riske origknat ing from floods inclu-

ding ice-hazards, the competent authorlties shall immediately infotm the down-

Stream Danubian States liksly Lo be affected and the International Commission

on the occurrence and run-off of floods as well as on forecasts of icc-

hazards.

Article 17

HUTUAL ASSISTANCE

(1) In the interest of enhanced cooperation and to f a c i l i t a t e complianco with

obllsztions of this Convention, in particular where a critical situation of

r iver ino conditions should arise , Contracting Parties shall provide mutual as-

sistance ugon the request of oeher Contracting Parties.

( 2 The International Commission $hall elaborate proceduras for rnutual assi-

ntanco a6dreising. inter alia, the folZawing issues:

[a) The direction, control, coordination and supervision of assistanco;

(b) Local facilities and services to be rondered by the Contracting Party re-

quest iz ig ' assistance, including, where necessary, tho. facilitation of h r -

(cl Arrangements for cornpensating the assisting Contracting Party and/or its

pergennel, as w e l l as for transit through territories of third Contrac-

ting Parties, where necessary;

id) Hethods cf rofrnbursing assistance s e r v f r i s .

INTERNATIONAL CObtMISSION

Article 18

ESTABLISHMENT,

TASKS AND CDMPETBNCES

aith a view te implementing the objectives and provisions of thfs Conven-

tion the International Eommission for the Pratection of the Danube River, re-

ferred to in this convention as International Commission, shall be establish-

ed. The Contraeting Parties shal: coagerate i n the framework of the Interna-

t ional Com-nissian. For implementing tke obligations of the Contracting Parties

pursuant to hrlicles 1 to 18 the International Commission elaborates gsoposals

and recommendations adressed to the Co~txacting Parties.

(2) The structure and the procedures of the International Commission as well

as i t s conpetences are stipulster! i n detail i n Annex IV to this Convention

constituting the S t a t u t e of t h e Ccm!iusion.

( 3 ) In addition to a f f a i r s expliciteiy entrurted to the Internzt icnal Commis-

sion is ccmpetent Eo deal with al1 other affairs the Commission is e n t r u n t e d

with by mandate from the Coctracting Parties in the framework of Article 3 of

this Convention. 1

( 4 ) The implementation of decisionç taken by the International Commission is

aupported through the obligations cf the Contracting Parties for regorting te

the Commission pursuaat to Article 10 as well a s through the grovisiolis of

this Convention cancerning the domestic basis and implementation of the rnulti-

lateral cooperation.

( 5 ) The International Camisslon reviews experience acqufrad implementing

this Convsntion and a s appropriate subruita proposal s to the Contracting Par-

t i e s concerai~g amendiaents or additions to t h i s Convention or prepares the ba-

, aie for elaborating further regulations on the protection and water management

of the Danube River and of waters within its c a t c h e n t area.

(6) The Tnternational Commission decides on the cooperation wfth internatio-

nal and national Organizations or with other bodies, which are engaged or in-

rerested in the protection and w a t e r management of t h e Danube River and of

waters withkn i t s catchment area or in generai questions of water protection

and w a t e r management. This cooperation in directed to enhancing coordination

and to avoiding duplication.

Article 1 9

TRANSITION CONCERN1HG THE BUCHAREST-DECLARATION

Works as performed by the Contracting Parties in the framework of the Declara-

tion on the cooperation of the Danubian Countries on problerns of t h e Danubian

water management, in particular for t h p r o t e c t i o n of the Danube River against

pollution, signed on 13 of December 1905 {Eucharest-Declaration), b y the wor-

king groups on water qua l i ty , flood icformation and forecast and w a t e r balance

are transferred to the framework of this Convention.

Part: IV

PROCE~LTAL PX FINAL 'CLAUSES

Article 2 0 ----

VALTGIT'I' OF THE ANNEXES

Subject to A r t i c l o 23, the hnncxoç I to V form integral parts of this Conven-

tion.

Art ic l e 21

EX1 S T I N G AND ÇUPPLEMENTARY AGREEHENTS

Tho Contracting Parties on the basis of equality and reciprocity s h a l l adapt

exlsting b i l a t e r a l or m u l t i l a t e z a l agreemrints or other arrangements, where

necessary to e l i m i n a t e contradictions with b a s i c principles of this Conventi-

on, and shall enter inca supplementary agreements or other arrangementa where

CONFERENCE OF TEE PARTIES a

(1) The Contracting Pazties s h a l l meet upon recommendation by the Interna-

tional Commission.

( a ) A t such meerings the ,Centracting Partiee shall in particular r e v i e w po-

licy imiues concerning the knplementation of t h i a Convention upon the report

of the International Commission and shall adopt appropriate reccmmendaticns or

( 3 ) The Confracting Party whose haad cf dr lega t ion acts as Presideat of the

International Commission sball alsc play the part of the Chairperson of such

meetings.

(4) The Conference of the Parties is competent to paes recommendationa or

deciaiuns provided rhat a f t e r reg-ular invitation the delegations from at liaast

thtee q u a r t e r s of a l 1 contracting Parties are prisent. Unlesn otherviee pravi-

dod in this Convention, the Conference o f the Partiee ahal l make overy. effort

to reach ngreament by c8nsensiis. Should consensus not be attiinabls, the

Chairperaon shall dec l ire that al1 efforts a t reaehing agreement by consensus

hava been exhauated. After such an announcement a recomendatibn or decimion

e h a i l be adopted by a four fifth~ majority of the Confracring Parties pre~ent

and vering.

15) Tho decision ahall becorni binding on the first day of the oleventh mbnth .

falloning the date o f iti adoption for al1 Contracting Partie8 that voted for

1t and have not vi th in that period notifiid the Executive secseeary in writing

that they are unable Co accept the decision. However, much notificatLon may be

ulthdrarn at any tirne; the withdraval shall becorne effective upon r,eciLpt by

the Executivi Secretary. Such a decialon ?hall Bacorne bindkng on any aeher

Contracting Party whkch has notifid the Executive S e c r o t a r y in vrfting that

i t 1s able to accegt the decisfon from the moment of the receipt of that net-

ification or on the firat day of the eleventh month followfng the date of the

adoption of the declaion, uhichever ii i n t e r .

16) I f , hcwever, the recomendatian or de~inion would have financial impli-

cat ions , the rrcommendation or deciriion shall be adopted only by conseneua.

Article 23

UENDMENTS 'PO TRE CONVENTION

Tha Convention ehall be amended aa Lollowri:

(1) h y Conrraeting Party m a y propoee in amendmant to t ù i n Coavontfon. Thn

t o x t o f the propceed amendment together wifh the proposa1 to convene a Confe-

r ince of the Parffas shall be communicated f a the Ccntracfing P a r t i e a by the

Depositary i n writing.

(2) IF at leasr fbree quarters of the Conzracring Partias support the propo-

sa1 ta convene a Ccnfarence of the pazties the Depositary shall convene the

Conference of the Parties within six menthe at the eeat of the International

Carniseion.

( 3 ) The adopeion ef an amendment at the Conference of the Confracting Par-

ties requiree consensus.

( 4 ) The adopted amendment s h a l l . b e submirted by the Depcsktary Government t o

the Coafracting Partiea for ratification, açceptance or approval. Ratificati-

on, aeeeptanci or approval of the amendment e h a l l be norifiad to the Deposfta-

( 5 1 The amendment shall enter into force for fhaae Costractfng Part iae which

hava ratified. accepted or approved it on the thirtioth day after roceipt by

the Depositazy Caverament of notfficatian o f i t s ratification, aceeptance or

approvil by ac l e a a t four f k f r h s of the .C~ntraeting Parties. Thareaftor the

meadmant ihall enter into force f o r any othsr Conrrictinp Party on the thir-

t forh day i f t e s t h i t Contrrcting Party hio dopositod i t s inutrumont of r a ~ i z i -

cation, acceptoacc or apprwsl OS +ho amandment.

( 6 ) The a e x e e 1, II and If1 niy be aioonded by thta Xnternational cnmisiion

in iccordanco with lrticlo 5 at $ t a Statuts. '

Article 24

SETTLE1,lENT OF DISPUTES

(1) If a dispute arises between two or more Contracting Parties about the

in terpreta i l lon or appll.cation of this convention, they shall seek a solution

by negotiation or hy any ather maans of dispute settlement acceptable to the

parties to the dispute, if appropriate with assistance by the International

Commission.

( 2 )

-(a) If the parties ta the dispute are not able to sett le t h a dispute in ac-

cordance w i t h paragraph 1 of t h i s Article within a reasonabls t i m e bue

cot more thaii t w e l v e months a fter the International Conmis s i o n has been

notified about the dispute by a party ta the dispute, the dispute s h ~ l l

be submitted for çomgulçory decis ion t e one of the following moans of

geaceful settlement :

- the International Court of Justice:

- srbitration i n accordance with a n e x V to t h i s Convention.

( 5 ) Nhen ratifying, accepting, approving or acceding to thfs Convention or at

rny time thezeafter a Contracting Party may declare i n writing to the De-

50sitary that, for a dispute no t resalved in accordance wirh paragraph l

of this Article , i t accepts one o r both means of dispute settlement re-

farred to in subpara ( a i of this -garagragh.

( C I If the parties to the dispute have accsgted bath méans of dispute sett-

lement referred t o in subpara ( a ) of this paragraph the dispute shall be \

submitted to the International Court of Jufustice, unless the parties

agree otherwiso.

( d ) Y i tho parties to the dispute have not accepted t h e same means o f dlspu-

te settlement referred to i n subpara ( a ) of this paragraph, the dispute

shall bs submitted to the arbitrarion.

( o ) À contricting Party w h i c h ha8 m o t mado a daclaratien in aceordaneo vfth

uubpara Ib) of thle paragrauh or whone declarat ion i a no longer in force

1s canaidered to have aeeepted the arbitrarion.

Article 2 5

This Convention shal l be open for aignatuze by t h i - Danubian Stacea tully en-

t i t l o d to t h e rights and privbleges of membership in the United Nations accor-

dinp to the UN Charter as w e l l as by the European Comunity and any other re-

gional economic integration organisation, to vhich such S f atee a a their mem-

bers have transferzed compefenca-avez- mafters govsrned by this Convention nt

S o t i a on ..... June 1994.

RATIFICATION, AGCEPTXE3CE OR A P P R O V U

-. T h l r Convention ehall ba subjeer to ratification, acceptance ar ipproval. The

initrumantn o f ratification, accepcance or appr0va1 s h a l l be deposited uith

the Coverament of R o m a e i a which s h a l l acf a m the Degositary of thîs Convention.

T h i n Convention a h i l l enter inte forci oh the ninet iqth day following the data

of d o p a i t of the nineth instrument 0 9 s i t i f i c a t i c n , acceptance, ipproaval, or

aeceiofon. F e r each State or regional ecanornfc integtation organinafion r a t i -

f y i n g , accepting, appsoving or acceding to tb ie Convention. after the deposit

of the nfneth instrument o f rat i f icat ion, acceptance, apprcval or pcc~nsion,

this Convention s h a l l enter into force on the ninetieth day affer depoeit by

euch S t a t e or regional ecoaomkc integration organisirtion of itm inatmment of

ratification, acceptance, aggroval or acceasion.

l article 2 0 l

(1) A State or regional ecenomic integration a r g d s a t i o n au referred to i q

Article 1 5 o f thie Convantien, which han not signed thia Convention mry accsde l to t h i a Convention. The instrument af acceesion a h a l l bs dews i t ed with the ,

Depositasy.

( a ) contractins Par t i e s may unanirncusly invite any othar State or regional

e c o n d c integrarion organisation to acçede to t h i s Convention or to par-

ricigaçe in it with a consultat ive atatus.

1

A t any t h e after five yeara from the date on which rhis Convention han corne

into force with respect to a Parry, thnf Party may vithdraw from this Conven-

t i on by writtsn notification to the D e p s i t a - y . Any such withdrswnl shall take

affect one yeai a f t e r t h e date of the receipt of t h e notification by the D e p o -

sitary.

Article 3 0

PJNCTIONS OF THE DEPOSITARY

The D e p a i t a r y Goverment a h a l l petform the functions of Depcsitary af th is

Convention, in particulat, the Deposltary #hal l Inform t h e Contracring ,Par-

ti es :

l a ) of the depoeft of i n e t m e n t i af ratificitloa, acceptince, approval or

ieceseian, of withdriual or o f any other inf erma tlons , declaratien8 and i~n~rrumenta as i r e provided for in thie Convention;

(b) of the date of the entry into force of thia Convention.

AOTBENTI C TEXTS , DEPOSITARY

~ b a original of t h i a Convention, of which the English and Ce- t e x t a abal1

be equally authentic, ehal l ba depoafted w f t h the mermuent of Rcniania which

n h l l send cartitirad copies thareof to the ConKracting Parties.

vitnene vhereof the underaigned being âuly autherisad by the i r respect ive

G.ovarnments, have signed the C o ~ v e n t i a n on Cooperati~n for the Prorectfon and

suetainable Vee ef the Danube Rivar (Danube River Protection €onvention).

BEST AVAILABLE TECHNIQUES

1. The use of the best available tacbnfquea shal l mphae i ee tbe u n e of non-

u a a t e tec&lcTy, i f available.

2 . The t e m "best available techniqueam.means t h e latest stage o f developnient

(state of the art) of processes, cf f a c i l i t i i s 'or of methods of operation

whfch ind i ca te the practical s u i t a b i l i t y of a particular measura for limiting

diachargee, gmiçnione and waste . In determiniag whether a set ofk proceeseu.

facilitiea and methoda of operation conatftuto the boat available techniques-

in panera1 or individual cases, special consideration shall be given to:

( a ) cemparable procasaes, facilitioi or methcds of operation which have re-

cent ly baen aucceesfully rr ied out;

(b) technolegical advancis and changes in s c i e n t i f i c knouledge and under-

standing:

( ç ) the eccnomic feasibility cf iucf i technique=;

( d ) t ims llmire for i n s t a l l a t i o n in both aev and existing plants;

( A ) the nature and volume of the diechazges and ernissions concerned.

3 . It thersfore follows that what is "baat available techniquse" for a part i -

cular proceae w i l l change with f ime in the light cf eechnPlogica1 advances,

aconomic and social factors, ae well aa changea in scientific knowledga and

underatanding.

4 . If the reduction of dischargea end emiseiona resulting frcm the use of

best ava i lab le technipues doee not l ead to environmentally acceptable resu l t i ,

additienal meaeures have to be applied.

5. The term "Techniquee" includes both the teçhnolcgy uaed and the way the

i n n t a l l a t i c n in dasigned, built, maintainod, oporated and diamantlad.

Eare 2

BEST EWfRONMEHTAL PRACTICE,

1. aest enviramental practice means the application o f tne m o a t appropriate

corabinarien of ,eectoral enviramental control serategiee and measuree.

2 . I n dstermining whas combination of measures constltute beet environmental

practici, in general or i n d i v i d u a l casas, particulaz consideration shauld be

gi ven to:

- the precautionary principle;

- the aavironmental hazard of the product and itn production, usa and ulti-

mafa dfepoeal (principle of renponsibility);

- the eubstitution by lesa polluting activitiis or aubstancea and aaving

resourcss including energy (pr inc ip le of m i n i r n i s i n g ) ;

- the scale of use:

- the potentiel environmental benefit or penalty of suberitute materiale or

ietivities;

- advancem and changes in sc i en t i f i ç kncwledge and understanding;

- t h e limita f o r implamentation:

- social and economic implicutfon.

3 . It therefore follows that best enviro&mental practice for a p a r t i c u l E r

source o f tmpaets will change with tirne in the l i g h t of technological advan-

ces , ecotiornic and social factors, ae well as changes i n açientific knawledge

and understanding.

P. If the reducticn of impacta resulting from the u s e of berrt envircnmental

practice dopa not l e a d to environrnentally acceptable reaults, add i t iona l mei-

suraa have to be spplied and beat environmental pricf ice rodefined.

Part 1: L i p t af fndustrlal sectare and indus tr i e s :

1. In the heat: qsnaratien, enritm, and rnining sectors:

(a } 'Preatment af flue gasen and exhauet a i r , mlags. condeneatea f r o m cedu- stion plants;

( c ) Ccal preparation, ore preparaf ion;

id ) Vpgsadirig o f caal and tecavery of ccal by-producta. brigueftfng;

{ a ) Hinuf acture of woody lignite, ac f i v a t e d carbon, s e o f .

2. la the Stone and earth industry, the bu i ld ing maceriala, glaas and eeramic~

sec to ta :

( a ) Manufacture of f lbroui cemenf and fibrous cement products;

(b) Hanufaeture and procasning of g l a s e . glaas f ibree , minesal fibras;

( c ) Manufacture of ceramlc producte

3 . ' In the metaln eector:

( a ) Ketal working and prweesing: e,Lectroplating shopa. pickl inp plants. a n d i e oxidatlon plante, burniahinq plante, hot gilvanieing planta, hardenfng shops, printed circuit board manufacture, battery manufactu- re, onamdlfng verka, mechaaieal workeùaps, i l i d i poliihing ehops:

{b) Hanufacture of iron and steel , ineluding feundriem;

( c ) Manufacture o f non-fersous metale. including foundriee;

Id) Manufacture of ferro-alloye,

4. fn the fncirganic cfremiitry mector:

( a ) Manufacture of basic chamicila;

(b) Manufacture of mineral acids, buges, sal ts ;

(c) Hanufactuze of alkalim,. a l k a l i lyea and chlorina using alka21 chloride elecrrolysia;

( d ) Manufacture or mineral fertilizers (excludfng potlvah f e r t i l i z s r n ) , phosphoric acid salts, phosphates for Éeedatuffs;

( a ) Manufacture of a o d i w carbonate;

( f ) Manufacture of corundum;

(g) Manufacture of incirganic pigments, mineral pigments;

( h ) Manufacture of aemf-conductors, rectifiers, photoelecfric cella;

(il Nanuf sctura of e q l o ç i v e i , including pyrotechnica;

(1) Manufacture of highly d i speree oxidee;

( X ) Hanufacture of barium compounds.

5. In the organic chemistry aector:

( a ) Manufacture of basic chamicala;

(b) Manufacture cf dyim, pigmenta, paints;

( e ) Manufacruse and proceaaing of man-made fibrea;

id) Haaufacture and procesaing of plas t i c s , &ber, caoutchouc:

( 9 ) Manufacture o f organic halogen compounds;

(g) Hanufacrure of uuxiliarfea for leather, papemaking and textile-ptodE&t'ion;

(h) Hanufacture of pharmaceutlcale;

(1) Manufacture of biocidea:

I j ) Hanutacture of rav materiale for waihing and cleaning agenti;

(1) Hanufacture of gelatins, hide glue. adheaives.

6, In tbo mineral ail and aynthetie oils nectora:

( a ) Maoral-oil proceaaing, mnuf acture and r e f i d n g of u n i r a l ail pro- dueta, manufacture of hydrocarbona;

(b) R e c w e r y of o i l frcm oil-in-water mfxturas, demuleification planta, recovery and traatment: of w a e r e a i l ;

Ic) Manufacture of synthatic oila.

7 . In the p r in t i ng plant, reproahcp, surface treatmeat and plastic-sheot manu-

facturing sectcrs, as ne11 as other forms of psocessîng reninr and p l a -

s f i c a :

( a ) Hinufacture of printed and graphic producte, reproshope;

ib ) Printing laboratoriei and f i l m laboratorkee:

( c ) Hanufacture of fc i l s , viaLon and aound carrieri;

{d) Manufacture of coated and impregnated hateriais.

9 . In the wcod, pulp and paper sectors:

( a ) Manufacture of pulp, papar and cardboard;

(b) Hanufacture and coiting of w w d f ibre board.

9. In the textile, leather and fur sectoze:

[ a ) Textile manufacture, textile Finishing;

( b ) Lekthar manufacture, leather finiahing, laather substitrite manufactura, fur flsiehing;

( C I Dry cleuning, laundriee, poliahing cloth waahinge, woolea macerial waehinga.

(a) Recyclfng, treitment, storage, loading, unloidiag and depoaiting af u a s t e and residunl materials; atorago, loading, unloading and transfer of chernicala;

(b) nedical and acientific reiearch and develogment, hoagitala, doctcra' practices, radiology institutes; labosatcrkes, teating rooma;

[ c ) Induetrial cleaning buaineeses, cleaning of industrial containers;

( d ) V e h i c l e wcrkahopa, vehicle wushlng f a c i l i t i i s ;

( e } Water treatment;

( f ) Painting and varnishing businesses:

(g1 Hanufacture and proceasîng of plant and animal ex t rac te ;

(hl Manufacture and proceaaing of micraerganisms and viruaee with in-vitro recambined nuclsric a c i d a ;

(i) Industrial aactora applying radioactive aubatances (nuclear induet-y) .

Part 2 : Gu i i n c r & m c e s d 4 aarcu~a af aubetancse:

(a) heaw metala and their compaunde;

(b) organohalogen ccmpounde;

c organic compounds af phosphorus and , G i n ;

(d) plant protection agents, pesticides (fungicides, herbicides, in-

aeericidas, algicides) and chemicals- us id fer the presewatian of

wood, cellulose, paper, hides and textiles etc.;

( e ) oils and hydrecarbons of petroleum o r i g k n ;

( f } other organic compcunds especially ha-mful to the aquat te envi-

rament;

(pl inorpanic nitrcgen and phoaphoruri compoucds;

th) radieaeti??~ substanc%e, including wastes.

A8 there ara canaiderable dlfferenees as to the hazardoun character of

the aUbePances containad in certain gsoups it is I I B C B B S ~ ~ 11130 to am-

ghesize eome singla uubstancee, whkch in practics cap play a p r i o r i t y

1. Hercury

2 . Cadmium

3 . coppor

1. Zinc

S. Zwad

6. Araonfc

7. C h r d u m

8 . Niekol

269

. - j a - .

Subatancos

9. Boren

10. Cobalt

11. seleniuÿi

12. Siiver

13. Drins

14. ECH

15. D m

16. ~ e n t achlorophenol

17. Hexaehlorobenzene

10. Eexuchlorobutadiene

19. carhnte trach lor ide

ao. Chloroferai

21. T:ifluralin

22. Endosulfan

23. Simarine

3 4 . X t r a z i n e

2 5 . Tzibutyltin-eompounda

26 . Tzfphenyltin-compounds

2 7 . Azinphoa-ethyl

28, 4:izphoa -methyl

29. Fedtre th ion

30. Fenthion

3 2 . Xalarhion

32. Pazathion

3 3 . Pazathion-methyl

34. Dich lorvoa

3 5 . ~=içhloroethylen~

36. Tefrachloraethylene

37. Tzic5Jorbanzene I

3 8 . Dichloroethane l , 2

39. T ~ i c h l o r o s t h a n e

90, D ~ o x ~ u ~

STATUTE OF THE INTZRNATIONAL COMMISSION

FOR THE PROTECTION OF DANUBE RIVER

Structures and procedures of the Xnternatianal Commission supglemenkary to

Article I I ihall. be eatablishad as LolLous:

&rt i c l . eA Composition

(1) The International commission consists of delegations nominated by the

Contracting Parties. Each Cont rac t ing Party nominates five delegates at:

the ,utmost inc luding the head of dolegat ion and his deputy.

!2) Xn addition each delsgation may take the nuder of experts necessary f o r

dealing with special questions, whose aamos are eommunicated to the Se-

cretariat of the International Camrniçsion.

(1) Tbe Chair of the International cornrniision is he ld by the Contracting Par-

ties in turn by alphabatical order (in English) for one year. The delega-

tion looking after the Chais nominated one of i t s m6mbera to becorne Pro-

s i d e n t of the International Commission.

( 2 ) The Prosident as a rule does not take the floor on behalf of h i s delega-

tion within the meetings of the .Intercational Commission.

13) Rirther details concerning the Presidc-ncy are-detennined by the Interna-

tional Commission and included in its Rules of Procedure.

(1) The Int%rnational C d 8 8 i o n eonvenee at h a s t once a yaar on fnvitstfon

of the Preeident at 4 place ta be d e t e d a e d by hiai au ordinary meeting,

(21 Exrraordinary meet fnps , are to be convened, by the PrasLdent on the repuest

of ar: least tbrme delegations.

( 3 ) Consultaticns of the heads of delegation may be held intennediately ta

the meetings of the Commieeion.

( 4 ) Tho Presidrnt proposea the agenda i tme. They include reporta by t h e

Sfardinp Working Croup and i t s expert groupa. Eaeh delegation haa the

right to propose thoae agenda i t e m s which it l i k e a to eee d e a l t w i t h . The

arder of eequence f o r the agenda i t e m s i e determined in the International

C o n d a s i o n by tnajority vote.

(11 Hach delegatian h e m eue vote.

(2) NotwiChstandkng the provisions of paragraph ( 5 ) of this Article, the Eu-

nuaber of voten equal to the n a o r of its H e m b e s starea vhfch are Con-

traeting Partiea 20 T h i s Conventian. This organiiatioa mhi l l mot axercino

ita right to vota i n caaan whoro %tu Membor S t a t e i a x o r c i s e theira and

( 3 ) The International Ceauniaaion conerituteo 8 quo-. w i t h the p r o n s w e O&

the dsloqations of

(1) Docieiona and tecornmendations shall be adogted by consensus of t h e dele-

gations to the International Commiss%on. Shaulii consensus not be attain-

able, the Preeident of the Cornmiesion shall declare, that: al1 efforts at

raaching agreement by consensus have been exhaueted. Unless othemise

grovided in the Convention, the cornmiasion shall i n t h i n rase adopt deci-

nions or reccmmen8ationa by a four-fifths majority vote of the delegati-

ona gresent and voting.

( 2 ) Tho decision shall become binding on the f irst day of the eleventh m ~ n t h

fiillowing the date of I t s adoption for 811 Contracting Parties thht voted

for it and have not within that period notified the Executive Secretcry

in writing tha t they are unable to accegt the decision. However, such no-

tification inay ba withdravm at any time; the withdrawal shall: becorno ef-

Fcctive upon receigt by the Executive Secretary. Such a decision shall

Secorne binding on any othor Contracting Party which ha8 notified the Exe-

cut ive Sacrctary in writing that it is able to accegt the decision froa

the moment of the rsceipt o'f that notification cr en the f i r s t day of the

c laventh month following the date of the adoption of the decision, which-.

Prticlo 6: Expert bodies

(1) Tho International Cwnmission ostablisbes a Standing Working Group. Fez

certain fields of work and for sgscific prohlems there ara intrcduced '

standing or ad hoc Expert Groupa.

( 2 ) The StanZing Working Group and the Expert Group6 consist of delegates and

experte nmine tqd by the dolegations to the Commisaion.

( 3 ) The Standing Working Croup ia attended by delegatea from a l 1 Caneracting

partima, T h e Xnternational Comianioa nominatiri i t a Chairman and detemi-

nos the u m s t numbor of dolagatoe. Th* Commission alao determinian the

number of e v e r t s participaring in the Expart Eroups.

t A r t i c l e 7 : Sicsetaria:

(1) A Pemaaent Secretariat is herrby istabli~hed.

( 2 ) The Pm--anant Seczetariat shall have i t s headquartera In Vienna.

( 3 ) TSe Snte=naticna'l Commisaion s h a l l appoint an Executive SecreEary and

make provisioas for t h e aggoiataent o f such othez persanal a e may be ne-

c e e a a r y . The Cornmiesion ahall detemine the d u t i e a of the Executive se-

cre:a,yle poat and the tems and ccnditians upon which i t t a to be held.

( 4 ) The Executive Secretary shall perform the funcrions t h a t are necessaxy . f o r the adminietration of t h i s Convention and for the work c f the Inter-

national commissfon u s well a8 the cther ta sks entzusted to the Executive

soczetasy by the Commission in accordance with i t s Rulee cf Procedure and

iti Financial Regulations.

Article 8 : Entrusting Special E x p e r t a

I n the framework of i t s aastssmenta. the evaluaeion of resulta gained and for

tha analysis of e p e c i a l queetlons t h e International Cornisrrion tnay entrumt par-

t icularly qualified peraons. s c i e n t i f i c inatitutione or other f a c i l i t i o n .

p t i c l e 4 : Reports

ha ~nrornationai Commiasi~n aubmits to the Contractinq Parties an aanual report

an i ra ieriviti?a an well as further reports aa required, w h i c h in particulac

include the resulto of monitoring and aasassment.

- Article 3 0 : Legal capacity and reprasentation

(1) The International Commission shall have auch -1egal capac i ty as may be ne-

c i a s a r y for the exercise of i t s funcfions and the fulfi lment of i t a purgo-

aga in accordance with the Law a p p l i c a b l e at t b e haad'quaarrers of i r e Secre-

t a r i a t .

( 2 ) Tho I~ternational Commission s h a l l be repreeented by i e a President. This

reprssaatation ahall be determined further by the Rulem cf Procedure.

(1) Tho International C-iaeion a h a l l adopt i t e Financial Rulss.

(21 Tha Comisaion h a l l idopt i a a m a l or biena ia l budget of ~ronoeed ex-

penditurei and consfder budget astirnatee for the fiscal period fcllouing

thoraalter.

( 3 ) The total amount of the budget, fncluding any scpplameatary budget adopted

by the Corminaion a h i l l be c o n t r i b m by t.ha C o u m g Parties ether

than the Eusopaan C ~ m u n f t y , in equrl parts, unlama unanimounly docfded

otherviao by the Commfueion.

( 4 ) Tho Euzopsan Eonmiuni.ty s h a l l concribute no more than 2 . 5 % of the admini-

strative co8ta to the budget.

( 5 ) Eich contricting Party shall pay t h e expenaee rolated ta the participation

in tha commission o f ita ropraeeptativen, axpertn and adviaorri.

( 6 ) Each Contracting Party caxsies the coets of the current monitoring and

aoeenemenl: aetivities, carried o u t id, t h e i r territory. .

Art ie le12: Rulesof Procedure

The International Commission establishee i t s Rules of Procedure.

Article 13: Working Languages

Thi of f i c i a l languages o f the laternatienal Commisrion are Engliah and German.

El) The procedure of the a r b i t r a t i o n referred to in hrticle 2 4 of t h f ~ con-

vention s h a l l be i n accordance nith paragraphe 2 to 10 as fol lc iwa:

( 2 ) ( a ) In the event of a disputa being a u b m i t t a d t o erbitratfcn pursuant

r o zuticle 24 paragraph 2 of thia Convention an arbitral tribunal #hall

bo constitritad a t the raqueut addraired by one party to the dispute to

the other Party. The request for a r b i t r a t i o n shall i t a t a the subjocf

matter of the a p p l i c a r i o n includlng i n par t i cu lar the articles of t S i ~

convention, the in tespre ta t ion er applicat ion of which i8 in dispute.

(b) The applicant party e h a l l inform the International Commiseion fhat

i t has requested the setting up af aa a r b i t r a l tribunal, etating the

name o f the other party ta the dispute and the articlea cf this Conven-

tion the interpretatien or a p p l f c i f ion of which. in its opin ion , i s i n

diepufa. The claimant ea w e l l aa t h e defendenf Party can c o n e i a t of a

plurality of Contracting Part i ea . The fntarnational C o m i s s i o n sbal l

f o w a r d rhe informa~i~n thug received Ca d l Contracting Parties ea t h i n

( 3 ) The arb i t ra l tribunal ehal l consist of three membersi both the ç l a i p a n t

party or parties and tha other party or partiee tc the d i s p u t e s h a l l

appc in t an arbitrator within tu0 months; the t'do arbitrators 8 0 appoin-

ted eha l l designace by common agreemenC vithin twc months the t h i r d ar -

bitrator who e h a l l be the chaiman of the tribunal. The latter ehall net

be a nat ional of one of the partiee to the dispute, nor have hii ueual

p l a c e o f reaidence in the territory of one of thiaa parfiei, nor be em-

ployed by any of them, ner have deal t with the case in any ather capacity.

( 4 ) ( a i If one of the parties to the di sputa doea not appoint an a r b i t r a f o r

vithin tvo months of raceipt of the request, the o the r party may i n f c s m

the Preeident of the Infernational Court of Justice uho shall desisna-

t e the chafnnan of the arbitral tribunal w i t h i n a further t w o m o n t h e '

poriod. Opon denimation. the chairman of tha a r b i t r a l tribunal e h a l l

r a q u e n t the p a r t y which $as not appointed an arb i t ra tcr tc do so uithizt

t w c months. A f ter auch periad, if the arbitrater ha^ no'c been approved,

the chaiman of the arbitral tzibunal a h a l l inform the Preaident of the

International Court of J u e r i c e w h o ehall make this appointmant within a

furthsr tuc monthe geriod.

(b) If the chai-man cf the arbitral tribunal hae not boen deaignatea

vithin tvo months of the appointment of the second asbitzutor, the Pre-

gident of tSe Inte=eational Court of: Justice ehall, ac rhi request of

e i t h e r Party, designate h h v i t h i n a fuzther t w o months' period.

( 5 ) ( a ) The arbitral tribcaal s h a l l decide according to the rules of inter-

na t iona l laï and, in particrilar, fhese of thia Convention.

/b) Aay arbitral tribunal constirutod under the provisions of thie An-

nex e h a l l drar up i t s own rules cf procedure.

( c ) In the event of a dispute as to wiïethez the arbitral tribunal has

jurindiction, t h e matter shill be decided by the decision of the arbi-

t z d t r i b u n a l .

( 6 ) ( a ) The decisians of the arbifzal tr ibunal , both an procefiure und on

substance, ahal1 be t a k e n by majority vote of i t e members.

(b) The arbitral tzibunal may u n e al1 appropriate means in crder to

establi~h the f a c t s . If may at the raquest of ana of the parties pre-

s cr ibe oseenfial i n t e r h meaaurea of protoctian.

le) If Er0 or more arbitral tribunala constituted under the prcv i s i on~

of thfa Annex ira s e i z i d of requesrn w f t h identical or u i m i l a r aubjects.

they rnay lnfarm thaselris of fhe procedures for establishinq Che facts

and take them i n t a account as Lar a a possible.

Id) Tha part i in to the dispute a h a l l provide all facilitim~ necianpry

tor the affective eonduct of the prcceedinga.

(a ) The abeeace of a Party to the dispute shall m t conatitute an h-

podimeat ta the proceedinga.

( 7 ) U n l e s a the arb i tra l tribunal determinesi othewise because of the part i -

cular circumstances of the case, the expenses of the t r i b u n a l , includiag

the remuneration o f its membets, s h a l l be b o n e by the parties to the

d i s p u t e in equal shares. The tribunal s h a l l keep a recard of a l 1 fts

exPenses, and shall f u r n i s h a f i n a l statemenr thereof to the parties.

( 8 ) The arhitral tribunal iha'l render i t s award within Éive months O: the

date on which it is established, unless it fines it neceeaary t o ex tend

the t h e lbit for a psrîod vhich should nor ~ x c ~ l e d five montha.

(9) -y Cantracting Party that has un interest of a legal nature in the nub-

j s c t n a t t e r af the dispuce which m a y be af fec te2 by the decision in the

Caro, may inte-mene i n the praceedings with t h e consent of the tribunal.

Tha award of the arbitral tribunal ahall becorne binding on the interne-

nfnu Party in the same uay as f o r the p a r t i e s to the dispute.

(10) 4 The award of the azSitzal cribuna1 ehall be aecompanled by a s t a t e -

ment o f raasana. It shall be final and binding ugon the p u r t i e a ta the

dispute. The award w i l l be transmitted b y the arbitral tribunal r o the

purt iee to the dispute and to the International Commissian, The Çommi~-

aion will forvard the information reeeived to a l 1 partie0 to this Coa-

vention.

(b} Any disputa which may a r i a e beeween the gazries coneerning the in-

te-rpretation or exacution af the award muy be subrnitted by eithor Par ty

to the arbitral tribunal vhich made the svard or, if rhe lacter canant

be e e i z e d thereof , Co ana ther arbitral tribunal consr i tutad fo r th ie

purpose in tbe same marner a e the firaz.

280

FINAL ACT

lie Conference for the signing of the Conventiori on cooperation for the protection and istainable use of the Danube river took place in Sofia on June 29, 3 994.

rhe Governments of the fotlowing states were represented at the Conference: Austria,

Bulgaria, Croatia, Czech Republic, Germany, Hungasy, Moldova, Rornania, Slovak lepublic, Slovenia and Ukraine. A representative of the European Comrnunity took part n the Conference.

me Programme Coordinatioii Unit - Environmental Programme for the Danube River. mver. Basin attended the Conference as an op

nie liçt of detegatjons is attached.

The opzning meeting of the Conference was attended by H.E. Evgeni Matinchev,

Deputy Prime-Minister of the Republic of Bulgaria, whu addressed Iheparticipants.

The Conference elected Dr. Valentin Bossevsky, Minister of the Enviconment of the ?epc!blic of Bulgaria, as Chairman.

Stetorrients \:lsre made by the Head of delegation of Austria, Bulgaria, Croatia, Gerniany, Hungary, Moldova, Rornania, S fovak Republic, S lovenia, UI:raine and the

European Community.

The Zo!~feren¢e considered and adopted on 29 June 1994 the Convenlion on coope:ation for ths protection and susfainable use of the Danube river. Ori the same dey the Convention was opened for signature and siyried by Austria, Guigaria, Croatia,

Gerrnany, Hungery, Moldova, Rornsnia, Slovak Republic, Ukraine and the European Commtinity.

The Con'ference waç informed that the Governments of thr Czech RepuSlic and

SIovenii have not cornpleted pet their legislative procedure for ,the signature-of the

Convention as well as of their willingness to sign to the Convention as soon as

possible.

The Conference adopted a Declaratjon on some issues of the interirn jrnplementation of

the Conireniion, the text of which is attached to this Final Act.

In witness thereof the undersigned have affixed their signatures to this Final Act.

pne at Sofia, this 291h day of June 1994, in a single original copy, .in English and ;&;man, the texts of which are equally authentic, to bp deposited with the Government

4 Romania.

For the Republic of Moldova:

@ ~ r u l e u s c L ;

For the R e p u b ~ ~ ot Bulgaria: s p / e ) for Roiiiania:

For the Slovak Republic:

for tfie Czech Republic: fo r the Reputilic of S!ovenia:

For the Republir: of Hungary: For the European Csrri,l;miiy:

DEC LARATION

taken by the Slgnatorfes of the Convention on Cooperaüon for the Protection and Sustainable Use of the Danube Rlver

The Signatories of the Convention on Cooperation for the Protection and Sustainable Use'of the Danube RIver (Danube River-Protectibn Convention)

Havlng Regard to the ongoing moperation in the framework of the Bucharest Dedaration 1985, ta the outcome of the CSCE Meeting on the Protection of the Environment (Safia, 1989) and to the Convention on the Prot-n and Use or Transbounday Watercourses and Internationai M e s (Heisin ki, 1993, wtiich fomç the basis of this Convention

Ernphasiring the urgent need for çtarting waier management coopcration Coi Ure prulectlon of me Danube Kiver as soon as possible fn a measureoriented way lo prevent, control and step by step reduce signifiant adverse transboundary impact on the aquatic environment wifhln the Danube River Basin with due attention also glven to the prwtedon of the Black Sea against pol1ifion J

Strlvtng at close coopewttm wiîh the Environmental Programme for the Dsnube Rlver Basin at the water aeefot

1. Undertake to make al1 steps necessary for the enby'into f o m of the Danube River PmWon Convention as soon as possible.

2. Declde, pending the entry into force of the River Danube Proteetion Convention, to constitute the International

. Commission and establish its Secretariat on an inferim basiç entrusied with preparatdy Issues as may be dtemed important for starfing and realizing interim implementation such as:

a) providlng of the financial possibilities on a voluntary basis;

b) developing draft Rules of Procedure and drafi Financial Rules;

c) taking up pnoity issues of the interim irnplernentafion.

3. Invite the Taçk Force for the Environmental Programme for the D a n i i h ~ River Basin hking account of t ) i ~ Straftglc Action Plan to cuopemk with the lnterim International Commission and its Serretariat and to contnbute to the effective impiernentation of the Convention.

4 , Express their wish to join this interim implemenbffon and coopcrntion wIthout dtiay stiiviiiy a[ best possiDle prOgreSS and to facilitate al1 efforts ot the domesfic level.

Sofia, 29 June 1984

Annex 72

SOLUTION (AND %PORT) OF THE GOVERNMENT OF THE SLOVAK REPUBLIC CONCERNING DISPUTED ISSUES OF THE GAB~~OVO-NAGYMAROS BARRAGE SYSTEM AND THE GOVERNMENT

PROPOSAL IN CONUECTION WTH THE FUTURE COURSE OF ACTION, 7 JULY 1994

The Goverfiment

A. acknowledges

receipt of Uie report c o n c e d g the disputed issues of the GabEikovo-N~gymaros barrage , system and the options for the future course of action.

3, States that

1. The ternporary' water management system is primarily a professional problem, involving ecological and technical aspects, therefore it is not suficient for its solution to observe merely the political aspects.

2. The recommendatiori of the experts 8f the European Community, which, among others, makes the compromise of increasing the water delivery of the Danube to 800 cubic metres, wished to prornote political aspects at the definition of the average water deliveq and represented tbis position.

3. 1'n view of the fact that the experts drew attention to the danger of eutrophication and hi&-debe sedimentation, which would be a result of the realisation of the recornrnendatioa, the Goverment considers it necessq to conduct a dynamic mode1 test of the environmental impact, before the water delivery of the Danube is achially increased to 800 cubic metres.

instnicts

1. the Minister for Environmental Protection

to define, in co-operation with the government plenipotentiary for the GabEikovo barrage system, the activities required for testing the degree of sedimentation and eutrophication taking place in the reservoir, should the water delivery of the Danube be 400 or 800 cubic metres, using the available modelling tools from the PHARE EClWAT I "Danube Plain - a Mode1 of Subsurface Waters" Project, and to submit a report on it.

2. the Ministers of Agriculture and Environmental Protection

to immediately give access to al1 necessary and available material for the Ministry for Foreign Affairs to facilitate the test tneasuring activities and the action of the International Court at the Hague.

3. the Minister for Foreign Affairs

to cortduct active diplomacy and make knom the standpoint of the Slovakian Governent concerning temporary water sharing.

4. the govement plenipotentiary in the matters of the barrage system

to prepare the guidelines for the discussions with the Hungarian partner in accordance with governent proposal No. 1 1 1, dated 8 Febmary 1994, concerning the temporaq water management system.

The Prime Minister of the Slovak Governent asked the Minister for Foreign Affairs in his Ietter No. 848194-S, dated 29 April, 1994, to submit documentation related ta the GabEikovo- Nagymaros Barrage System at the governmene meeting. The document should contain a proposa1 for solution of political nature concerning the future course of action.

At the government meeting of 5 May, 1994, with P. Koncos, Minister of Agriculture, J. Hrasko, Minister of Environmental Protection and D. Rozbora, Under-Secretary of State for Foreign Affairs, the Ministry for Foreign Affairs was charged with taking responsibility for the discussions on 17 May of the GabEikovo barrage. This involves providing information about the current status of the debated issues and the options for future course of action. The ministers present at the meeting were given authorisation to establish the standpoints of the competencies with the help of a professional tearn to be organised and should submit a proposal concerning the way fonvard in the disputed issues of the GabEikovo barrage.

The standpoints of the h e e competencies conceniing the GabMkovo barrage were formulated at an inter-sectord meeting, which took place on 10 May, 1994. The documents, which were part of the submitted material, as detemined at the meeting on 5 May, constitute the attachments to the report.

After the meeting of the Slovak cabinet on 24 May, 1994, the report subrnined was supplemented with the specific diplornatic action steps for popularising the standpoint of the Slovak govenunent, as contained in Point CL!. A proposed statement was separately elaborated to make known the position of the Slovak govemment on the matter of the Gabcikovo barrage.

~ REPORT

concerning the present status of the disputed issues of the GabEikovo Barrage System and the possible future course of action

The dispute over the GabEikovo-Nagymaros Barrage System was brought to the International Court at the Hague by the Hungarian and Slovak parties. The Memorandum of the Slovak Republic, which was submitted tu the Court at the Hague, was introduced to the Slovak Goverment in document No. 67 15 1 /94-OMSD, discussed on 26 ApriP, 1994.

The earliest that a ruling of the Court ai the Hague can be expected is 1996. Until rhen the opposing parties are free to resolve the matter outside the courtroom, provided thaf a compromise acceptable to both çan be found. This is, however, rather unlikely in the present situation.

Another, separate problem is the discussions with the Hungarian Rtpublic canceming the temporary water management system.

ReIated to the submission statement an agreement was made that if needed, the Hungarian and the Slovakian parties, with the participation of the European Community, would agree about the temporary water,management system, which should be in effect until the Court mling.

During the discussions of the submission statement, at f r s t the Czechoslovakian, later the Slovak party has aimed at preventing the Hungarian party from abusing the possibility of extraordinasr measures for stopping Variant C. As a resuIt of the discussions, Point 4 of the submission statement declares: the parties commit themselves to agree in a temporas. water management regime of the Danube. It is a condition for the submission statement to be considered valid that the parties should not request the introduction of extraordinary measures. If either of the parties betieve that the activities of the other party are darnaging their rights, they can ask for immediate consultations, but not for extraordinary measures to be taken.

It is a result of the above that there cm be only one reason for taking an extraordinq measure, which is the rejection of the discussions on temporaq water management. The fact that Lhe parties have not reaçhed an agreement is not sufficient cause for it.

During the summer of 1993, Slovakia, Hungary and the EC agreed that they woutd set up a special team for monitoring the temporary water management system. The team consisted of 3 EC experts, 1 Hungarian and I Slovakian expert.

The two reports produced by the team are valuable documents for the objective evaluation of the environmental impact of the barrage and a persuasive argument against earlier forecasts of a catastrophe after the installation of the barrage. lt describes the positive effects of

' the barrage on the water management situation of the given area. Negative effects (a decrease in groundwater levels) were measured only on the Hungarjan flood area, to the East of the Cunavo projects. This is a direct result of not realising the originally assumed plan;the Hungarian party disagreeing with the measures planned.

The team compIeted its wsk by preparing the second report concerning temporary water management on 1 Decernber 1993. The report contains several options for solving the issue of temporary water division. The experts of the Hurigarian and the Slovak parties were unable to

agree in any of the solutions, therefore the EC experts prepared a recommendation themselves, which was a combination of variants two and three.

In accordance with the trilateral agreement made in the summer of 1993, the results of the investigations were submitted by the parties to their respective govemments, ns a source document for further discussions. The Hungarian party sent their staternent of position to the EC on 14 January, ,1994, and the Slovak party sent it on 8 February.

The European Comrnunities were promoting the compromise proposed by the EC experts. By involving a greater group of experts, the Slovak partner developed a position in the matter, whereby they accepted the points of the recommendation except for the one conceniing the water delivery of 800 cubic metres per second, since this involves technical rneasures like water supplementation in the lateral branches on the Hungarian side. The main issue of the Slovak- Hungarian debate is, however, the question of water delivery. This is the reason why previous discussions have been stalled (the Hungarian puty accepts it as a compromise on the water delivery of two thirds demanded earlier). Slovakia, however, starts fiom the fact that already the current water delivery of almost 400 cubic rnetres is more than the water delivery of 50-200 cubic metres put fornard in the contracted plan.

Due to the high degree of eutrophication and unwanted sedirnentation, and a short-faIl in electriciîy production, used for financing the M e r constniction of the bmage, the Slovak experts are of the opinion that the recommendation of the EC experts cannot be accepted in its unchanged fom. The set target cm be achieved at lower water deIivery levels in the Danube-bed, provided that water supplementation would be solved in the same way as on the Slovak side.

The ministries competent in the field suggested Uiat the Slovak Governent should not reject the EC recommendation, but that it should submit its own, which could be realised in hvo stages. This plan was discussed and approved at the meeting of the Slovak cabinet on 8 February 1994, and fo~rarded to Brussels via diplomatic c h e l s on the same day. The essence of the Slovak proposa1 is that it suggests a two-stage approach to the water management system, without a priori defining the average water delivery in the old Danube river-bed.

The first stage would comprise of çolving the water supply of the flood area on the Hungarian side (by means of constnicting underwater weirs in the Danube rïver-bed or a different method, e.g. directing water of greater quantity into the Moson-Danube directly fmm Siovak territory).

The issue of the quantity of water to be let into the Danube river-bed would be solved in the second stage, depending on the results of water supplementation in the network of lateral b ~ c h e s on the Hungarian side.

The proposal sets the following goals:

- to achieve at leaçt partial progess at the discussions concerning the temporary water division, in which the EC has an interest and the failure of the discusshns would have unfavourable consequences.

- The negative effects on the Hirngarian side could be reversed in this vegetational period.

\

- A more favomble initiai situation could be established for the discuisions concemllig the water delivery in the Danube river-bed, since a great bulk of the arguments upheld by the Hungarian pariy would be defeated by the water-supplementatjon and the discussions concerning water delivery would become more objective.

On receiving the Slovak recommendation in Brussels, the representative of the EC said that they found that the flaw in their recommendation was the fact that it did not accurately d e f m quanti@ of water delivery, and this could not be accepted by the Hungarian party. They warned the Slovak party that if no agreement was reached in the question of temporary water shxing, then problems might arise between Slovakia and the countries of the EC. They were hesitant about the Hungarian position, but they considered it an essentially promising step that they had accepted the recommendations of the EC experts. They considered the Slovak position inflexible. They assumed that the EC counrries eflected pressure on Slovakia in order to concretely defme the water delivery in the Danube river-bed. *

The Cornmittee of the EC did not'immediately provide information about the position of the Hungarian govemment, and they did not infom the Hungarian government of the Slovak position, either. It was at this stage, i.e. with the Slovak Government not yet knowing the position of the Hungarian party, that the Gerrnan ambassador to Bratislava forwarded the Note VerbaIe of the EC on 16 Febmary, 1994. The Note, among other things, declareç that the EC do not understand the Slovakjan rep1y and States that it is of great urgency to discuss the problem not from a technical, but a political aspect. The EC intewened at the Slovak cabinet to convince thern to be more receptive of the recommendation of the EC experts. Jn his reply, the Slovak Prime Minister explained that the Slovak party can take up a position only afler learning the reply of the Hungarian party .

The Slovak party received the Hungarian statement of position on 7 March, 1994, in which they accept the recornrnendations of the EC experts.

During March, the Hungarian Parliament dedt with the issue of water sharing and the most heated debate focused on whether to construct or not the two underwater weirs in the Danube river-bed, as suggested by the EC experts and as oEficially accepted by the Hungarian govemment on 14 January.

On 19 March, 1994, the Hungarian Parliament accepted a sesolution whereby it repeatedly disallowed the construction of the underwater weirs, nlthough this is not explicit in the resolution. Parliament would only discuss further technical action steps if an agreement has been concluded with the Slovak party concerning tempomy water sharing, in the format proposed by the EC experts. As it is described with the same words in the tesolution: during the legaI proceedings at the Hague, the Hungarian Parliament will accept decisions conceniing techical measures only as a function of the actual water division.

FoHowing the above Parliament ruling, several exchanges of Notes took place between the Slovak and the Hungarian parties, in which both parties expressed their willinpess to continue the talks about ternporary watw sharing in the shortest possible tirne-frame.

The ciifference between the opinions of the two parties concerning the renewal of the discussions of water sharing is that the Bungarian party makes this dependent on the fact whether the Slovak partner will accept the proposa1 for greatly increasing the water delivery of the Danube river-bed, while the Slovak party wank to ensure îhe improvement of the water replacement of the

laterai branch network at the first stage, by constructing undemater weirs or taking ather technical rneasures (increashg the water supply of the Moson-Danube) and will want to define the water delivery of the Danube river-bed only at the second stage, in light of the actual results.

Although the Resolution of the Hungarian Parliment - just like so many times in this past period - wilI limit the mandate of the Hungarian Government for the corning period, the rational and effective solution should be investigated, primarily to ensure the improvement of the water supply in Szigetkoz.

It seeMs that the EC decided tu increase the pressure on the Slovak party in the issue of water sharing, forcing them to bring a political decision in the matter.

The EC believes that the recommendation of their eiperts is the last chance for solving the issue of temporary. water sharing. Therefore the German arnbassador at Bratislava again asked the Slovak Prime Minister to re-evaluate the existing situation. The Slovak Prime Minister promised to carefully study the recornrnendation of the experts from the EC committee and to inform the EC of the Slovak position.

The recommendation of the experts fiom the EC committee, which contains the w t e r delivery of 800 cubic metres into the Danube river-bed, cannot be considered a purely professional solution, rather, as an atternpt at a political compromise. In other words, it is the arithmetic mean value between the water delivery of 1200 cubic rnetres, demanded by the Hungarian party and the current watèr delivery, since on average it was 400 cubic metres in 1993. The leader of the expert team of the EC committee, Mr. Schreiner, sent these exact words to Mr. Benavides on 10 February, 1994: "The main factor in Our proposais is the water delivery into the Danube river-bed. lncreasing water delivery, together with further rneasures, will have an immediate positive effect on the environment." The inflexibility of the parties made it impossible for the tearn to elaborate a common proposa1 during water sharing. The Slovak experts insisted on water delivery of 400 cubic metres, while the Hungarian party wanted 1200 cubic rnetres. The recommendation of the EC experts can thus be understood as a compromise.

The higher qumtity of water in the Danube river-bed is to hetp irnprove the water supply of the lateral branch nehvork. This can be achieved by the use of u n d e m e r weirs or other techical rneasures, some of which were suggested by the Slovak Republic (inçreasing the amount of water flowing into the Moson-Danube from 20 rn3lsec to 40 m3lsec from the middle of this year, building undemater weirs on Slovak territory and thus feeding the Hungarian lateral branch network directly from Slovakian tenitory). Al1 of these technical steps require the involvement and CO-operation of the Hungarian party, who will have to take measures for using the amounts of water received. The Hungarian party, however, is refusing discussions on the matter.

If accepted, the recommendation of the European Union Cornmittee experts for letting into the old river-bed of the Danube 800 m3/sec would cause an annual loss of 600 million Slovak crowns for Slovaha in electncjty production. This amount would have been used for completing the GabEikovo barrage and irnproving its operations.

In the current stage of phase II of the temporary solution (until September 19941, yet another fact needs to be considered: letting out a flow of 800 m3lsec is not even technically feasibIe (according to 3. Oblozinsky, engineer, deputy director of the Water Management Construction Company).

The Position of the Ministw for ~ o r e i m Affairs of the Slovak Re~ublic

The MFAISR is not competent in deciding whether one or the other proposed solution of the Ternporary Water Management Regime (TWMR) is suitable from a technical or environmental aspect, whether it is feasible technically. It is an issue where the technical experts have to declare their opinion [such as the main contractor, the representatives of the designer, the govemment plenipotentiary for building and operating the GabEikovo-Nagyrnaros Barrage system, the Ministry for Environmental Protection).

From a foreign policy aspect, however, the MFMSR considers it practical to make an advancement towards the Hungarian pariy and the European Union, thereby facilitating an agreement between the new governments on the issue of the TWMR. This, however, does not mean that the proposa1 for water deIivery of 800 cubic metres should be accepted at al1 cost, which the European Union and Hungary wish to enforce upon Slovakia.

From the aspect of foreign policy and international law, however, it is very important that what the experts propose and the govemment of Slovakia underwrites, should be technically feasible. Wnrealisable commitments should not be accepted. b

The question of water sharing has no determining significance for the legd debate at the International Court. The choice of water management system does not have an impact on the course ofthe debate, What is essential is to agree in a decision and to realise it as soon as possible.

It is also possible that, if the plan put forward in the original contract is not realised because of the mling of the Court, then the water management regirne, which is currently acçepted as temporary, mi& become permanent, because it may prove satisfactory and there will be no cause for chmging the cqurt ruling.

It is the opinion of the MFNSR that the solution of at least the main problem, that is the water supply of the Hungarian lateral tiranch network, would be feasible within a relatively short time. This requires the assistance of the Hungarian p-, who, however, reject discussions, until the Slovak Republic, similarly to the Hungarian Republic, agrees with the recommendation of the EC experts for the TWMR, first of al1 the proposed water sharing, meaning the flow of 800 m3lsec of water into the old river-bed of the Danube.

in its Note sent before the last to the Hungarian party concerning the matter of TWMR negotiations, the MFAlSR again expressed their willingness to immediately continue the discussion concerning the TWMR on an expert level, without setting preliminary conditions. %y this the Slovak party refers to the resolution of the Hungarian Parliament, which was described by the MFAMR in a note sent to the Slovak party. The note containç, in exactly this wording, that the Parliament will bring the decisions concerning the necessary technical rneasures during the legal proceedings at the International Court, depending on actual water sharing. The MFAlSR urges the Hungarian party to fmd a rational and efficient solution to the problern (especially as far as the better water supply for SzigeCk6z is concemed). This is reflected in the latest note, sent to the Hungarian party on 6 May, 1944 (see Attachent 6).

If the Goverment of the Slovak Republic were bent on the conclusion that a political decision shouId be brought to solve the problern of the TWMR, then al1 the implications for the TWMR of accepting the expert recommendation of the EU Cornmittee will have to be evaluated again. This recornrnendation counts on an average water delivery of 800 m3lsec into the old river-

bed of the Danube, which wodd serve as a basis for the Hungarian paty at future negotiations ctinceming the TWMR, including the construction of two undenrater weirs, too. The Bungarian Parliament is not expected to bring a decision about building the underwater weirs before July or September, due to the elections in Hungary.

The Position of the Ministn of AaricuIture

The Ministry of Agriculture fin& it necessary to emphasise that any furthet steps for maiung a compromise should be subject to the construction of the underwater weirs. Water supplernentation in the Danube river-bed would be extrernely ineffective without this, and not even the water delivery of 800 d i s e c would satisS, the main goal, that of water supply for the lateral branch system on the Hungarian side.

Water delivery greater îhan 400 cubic metres in the Danube river-bed would have the '

following consequences:

a) Financial loss due to shortfall of electricity production. It is a well-known fact that when water delivery increases in rainy periods, this power plant produces 12.5% of the electncity needed in Slovakia. The second stage of building the Çunovo projects can only be continued if water usage is optimal. lncome from electricity is the sole source for finaricing the works.

b) A slowing-down of the aforementioned second phase in the çunovo area will increase the risk factor. Especially the lock is important to build, which would ensure a safe throughflow of higher water output and, together with the navigation chambers, lening the ice onto the Danube.

The navigation lock at Cunovo would, in case of a breakdown or an accident at the GabEikovo navigation chambers, make it possible to temporariiy direct navigation to the oId river- bed of the Danube.

Therefore it is necessary to make use of al1 financial resources to accelerate the construction of the aforernentioned projects.

It is a precondition of buiIding these projects (i.e. the lock and the navigation c h b e r ) for the water delivery in the old river-bed of the Danube to not exceed 400 rn31sec. Water delivesr greater Zhan this would flood the construction site, resulting in the stalling of the works and the hcrease of costs.

I

During further negotiations with the Hungarian Party, an agreement needs to be achieved concerning the method and scope of monitoring.

As of 15 Jwne, 1994, the Slovak party cm provide a water delivery of 30-40 cubic metres for the Moson-Danube, to impmve the water supply of the right hand side flood area. This requires, however, the Hungaian party to make an agreement wÎth the Slovak party and to take thè necessary technical steps for inundating with water the system of lateral branches.

The Position of the Ministrv for Environmental Protection of Slovakia

1. Issues concerning water laws in relation to the operation of the GabEikovo barrage system, with regard to the water delivery in the old river-bed of the Danube.

/

In accordance with government resolution No. 237 of 21 May, 1991, the Minister for Forest and Water Management instnicted that preparations for the investment should be made md the works for temporarily installing the GabEikovo barrage should start.

The Water Management Construction Company (Vodohospodhska vystaba), as investor, submitted for authorisation the work ordet documents to the former SIovak environmental protection cornmittee, in accordance with Par. 14 of Act 138/73.

The environmental cornmittee fulfilled its legal obligation by making a statement conceming the given investment in June 1991. They defined the tasks which are to be carried out as part of the investment. In accordarice with Par. 14, they made it mandatory for the investor to protect the quality and quantity of subsurface waters in the Csalliikoz area, which is protected from a water management aspect, and to preserve the ecosystem and genofond of the area ctincerned.

The Water Management Construction Company requested the water management authorities concerned to issue a water law permit and to approve the temporary operations schedule. The investor received the permit fmm the environmental protection authority of the Area of Bratislava in May, 1993, after producing the document requested. One of the conditions for issuing the permit was to provide a watet delivery of at least 600 cubic metres in the Danube river-bed.

Operating within the frarnework of the water management supemisory board, the water management organ found that the Water Management Construction Company is letting an average of 400 cubic metres of water into the Danube river-bed during the operation of the barrage, thereby violating their legal obligation.

ln Mach 1994, the Water Management Construction Company asked for a modification of the resoIution from May 1993. The Environmental Protection Authority for the Area of Bratislava, vsing documents of previous operation and test results, modified its previous resolution on 29 April, 1994. In accordance with this resolutian, the watet delivery of the Danube is to be measured by the data of the water gauge station at Dévbny, with the method developed by Professor Mucha's consultation team. A minimum of 200 cubic metres of water delivery needs to be ensured for the old river-bed ofthe Danube, higher levels are allowed,

When passing this resolution, the water management organ used tiie resuIts of the existing rnanitoring system as a starîing point and considered the assessment of the EC experts, too. The operation schedule allows for a dynamic system of subsurface waters, which is sirnilar to natural changes in the water level and exactly defines the quantity of water arriving in the old river-bed of the Danube as a factor of the actual water delivey ofthe Danube.

11. Options for the Future Course of Action

The Minisuy for Environmental Protection wilI state their position on two issues related to solving the disputed questions of the GabEikovo barrage system.

(1) Common monitoring in the given area.

(2) Constructing undenvater weirs in the Danube river-bed and increasing water delivery io 800 cubic metres, in accordance with the recornmendation ofthe EC.

- The speed of the cutrent in the reservoir and the head-iace canal should be such as to prevent unwanted sedimentation of suspended sediment and floating pollution on the upper section near the Kalinkovo and Somorja water sources (Le. speed cannot be allowed to fall beiow 0.35 mlsec).

- In surnrner, water delivey should be such as to avoid excessive eutrophication in the head-race canal and the reseruoir. This phenornenon would, on the one hand, result in the deterioration of the water quality in the reservoir and would have a negative effect on infiitration near the water sources on the SIovak side, and, on the other, The pollution (dead algae), by getting into the Danube, would cause the quality and effect of the water to deteriorate, which would bnng about serious quality problems in the water sources in Hungary, upstrearn fmm Budapest.

For the reasons mentioned, a test modelling should be conducted to test the dynamic mode1 of the TWMR in accordance with the recommendation of the "Subsurface Water" tearn (Prof. 1. Mucha), at an average water delivery level of 800 cubic metreslsec, from the aspects mentioned above. Without such a check, no professionally sound decision cm be passed concerning the realisation of the EU Cornmittee recommendation for water delivery.

I A Recommendation for Diplornatic Steps to Be Taken

The recommen$ations for diplomatic activity are based on the expectation of the Government of the Slovak Republic as to the diplomatic steps the MFAlSR to enforce the resolutions passed at the SR government meeting on 31 May, 1944.

When choosing the course of action, the MFMSR assumes that it is realistic to expect a change of the Hungarian position conceming the GabCikovo-Nagymaros Barrage System afier the inauguration of the new governent and that the course of action the Hungarian Republic had taken internationally uill become less effective. The European states are more inclined towards the opinion that the question should be solved by the professionals.

Therefore the recomendations for course of action foltow two lines. According to the first one, the MFMSR focuses on making the resolutions of the Government of the SR known immediately, along with the reasons for the course o f action and of future recommended and expected steps. Along the other line, that of medium-tem measures, the focus of the MFAlSR is on the monitoring of reactions in order to be able to encounter attacks with objective arguments, for which the Foreign Ministry needs to get al1 the necessary data fiom the functional areas uiider the supervision of the governent plenipotentiary charged with the issues of the construction and operation of the GabEikovo-Nagymaros Bmage System.

The plan for diplomatic course of action contains steps in a breakdown of relationships with the Hungarim Republic, the European Union, the Parliament of Europe, the other European countries and, importantly, the EU member states.

I The MFAlSR recommends the following concrete steps:

- al1 foreign representations, permanent missions md other seleçted representations of the SR in Europe should be sent the most important information contained in the report prepared about the solution for the disputable issues in relation to the GabEikovo-Nagymaros Barrage

- the ambassador of the SR to Hungary should be entnisted with fmilixising the ambassadors of the EU çountties accredited to the HR with the position of the Government of the SR,

- a press conference should be organised through the Embasçy of the SR in Hungary, where an update should be given concerning the redistic solutions and the position of the SR on the matter,

- a letter by the Prime Minister of the SR should be composed to the prime ministers of the EU, explainhg the position of the Govemment of the SR on this issue again,

- the ambassadors of the SR posted in EU countries take action in the foreign ministries concerned and inform the Government of the SR of the results of negotiations on the matter,

- staffat the foreign representations of the SR in EU coiintries will get in touch with the environmentai protection ministries concerned and those institutions and organisations of the target country that deal with ecological questions and inform them of the resolutions of the SR Govemment and the reasons for the Slovak Govemment passing these resolutions,

- the Minister for Foreign Affairs, together with the Minister of Defence will inform the ambassadors af the EU'rnember states of the resolutions passed at the meeting of the Government of the SR,

- the Press Department of the MFA/SR will inform the journalists of the leading media of the reasons that motivated the Government of the SR when making their decisions,

l

- depending on the progress, îhe MFMSR will organise a press conference foçusing on entirely the issues of future course of action in relation to the agreement to be reached canceming the TWMR,

- will again cal1 the chosen government and non-governent organisations and other independent institutions to make use of the existing, but never redise$ invitations to see the hydroelectric water pIant and to l e m the position of the Govemment of the SR on the matter of the TWMR.

297

Anncx 73

MEMORLAL ON EXPERT TALKS HELD IN BRATISLAVA ON 5 AUGUST 1994,24 AUGUST 1994

The list of participants is included in Appendix 1.

The topic of the expert negotiations.was the water replenishment of Szigetktiz, the subject which was determined at the meeting of Prime Ministers of the Hungarian and SIovak Republics held on 5 August 1944.

As an introduction the parties defined h e terminology: the water replenishment of Szigetkoz represents the water replenishment of the right side branch system of the Danube.

At the meeting they reached agreement on the mangement of further professionat CO-operation.

1. On 26 August 1994 3-3 Hungarian and Slovak experts will revise the technical details in a s~rvey,~namely detaits of the provision and reception of a 20 m3/sec additional water-delivery by water-extraction at Moson. The basic technical conditions are present both on the Hungarian and Slovak sides. The question of water law license will be directiy negotiated by the water management authorities of the two countries.

2. The Hungarian pariy submitted a proposal for the increase of water delivery in the seepage canal by 50-70 m31sec. The Slovak party wiIl present their comrnents to this proposa1 on 9 September 1994. On 16 September 1994 an expert consultation will be held on this subject in Gyôr at the Directorate of Water Management.

3. At the meeting, other technical meîhods of irnpoundment were discussed which might be the topic of further expert negotiations.

This mernorial w s drafted in Hungarian and Slovakian, it is authentic in both languages.

Bratislava, 24 August 1994.

LETTER FROM c fdARTIN, DIRECTOR GENERAL OF THE WWF, TO D KOCINGER, SLOVAK COMMISSIONER FOR GNBS, 3 OCTOBER 1994

World Wide Fund For Nature (WWF} Office of the Direçtor GeneraI

Gland; 3 October 1944

hg. Dorninik Kocinger Slovak Governent Comrnissioner for GabEikovo MinistPy of Agriculture Slovak Republic Dobroviocova 12 81266 Bratislava Slovakia

Dear Mr. Kocinger,

In my letter of 21 June 1994, 1 informed you that WWF would evaluate Professor Mucha's GabEikovo - WWF: The Pros and Cons inter alia çurnrnented on WWF's sîudy published in January 1994 and criticized WWF staff.

1 also indicaied that until such time as we had received comments on Professor Mucha's report, further WWF involvement in the GabCikovo issue would be temporarily suspended.

We are now in a position to çhare ous assessrnent of Professor Mucha's report with you and others, to whom you took the liberty of copying my letter of 21 June'1944. However, before doing so, 1 must tell you that WWF's experts and staff have been quite distresseci by the report's numerous, personal, derogatory andlor polemic remarks. These remarks are not considered to be appropriate to appear in a technical report. Prof. Mucha's adverse reactions to the WWF study also contrasts with the favourable reactions received fiom many other sources.

Refeming to the contents of Prof. Mucha's report, it has to be recognised that this report deals only with a limited part of the impact pattern of the GabEikovo scheme, essentially concentrating on the groundwater issue. Ecological issues of similar or even higher importance, such as the floodplain dynarnics have been largely omitted. The report also leaves out any consideration of the deterioration of ecologicaI functions and the biodiversity of the entire floodplain and hardly refers to the important Hungarian part of the system. Another major weakness of the report is the fact that it does not address potential long-term effects. /

In conclusion, the report of Prof. Mucha is seriously lirnited. It is concerned with onEy a partial aspect of the changes brought about by the drastic alteration of the hydrology, deals with only a part of the area affected, and encompasses a very lirnited time horizon. It therefore does not invalidate WWF's scientifically based argumentation.

In the light of these facts, WWF cm see no reason to change its position laid out in its study \

published in January 1994 "A New Solution for the Danube". More specifically, WWF maintains its view that an ecologically acceptable solution entails, the followjng three-short tem rneasures:

* a discharge v q i n g between 6 0 0 m2/sec and at least 940 rn2/sec (depending upon the technical possibilities) of Danube water in the natural ("old") river bed;

- * the construction of the river bed by islands and grave1 banks, and

* reconneçtion with the side m s .

On a longer term basis a dynamiç discharge of about two thirds of the Danube water in the old bed should be envisaged, together with a lifting and constriction of the present river bed over 30-30 km d o m stream of the Cunovo weir. These measures can be taken in both an ecologically sensitive way and without risking permanent interference with the river ecosystem.

As you undoubtedly realise, WWF's Mission is to conserve nature and ecologicai processes through the preservation of genetic, species and ecosystems diversiS. WWF is therefore primarily concerned with the severe impact of the GabCikovo scheme on the biodiversity of the Danube floodplain. Thus WWF in its position focuses primarily on the need to maintain the floodplain dynamics based on a sufficient and dynamis discharge in the old river bed. This focus should in no way be read as disregard of or assent to effects on groundwater tables, changes in the hydrodynarnics of water quality and other likely consequences of the scheme.

I herewith request you to inform your Governrnent of WWF's assessrnent of Prof. Mucha's report and the confirmation of our standpoint published earlier this year. WWF, on its part, wiIl communicate its position outlined above internationally, ending the ternporaq suspension of its invohement about which I wote to you in lune 1994.

Yours sincerely, I

(signe4 Dr. Claude MARTIN Director General

Copy: Prof. Dr. Igor Mucha Governent of Hungary Dipl. Ing . J o b Mang, W WF-Austria Dr. Emil Dister, Aueninstitut, WWF-Germany PD Dr. H.H. Benihart Prof. Dr. Tomas Paces, Andrk Jager Prof. Dr. A. L. Roux DipE. Geogr. Alexander Zinke

Anoex 75

WWF PRESS RELEASE &AFFLRMING THE ORGANISATION'S CONCERN ABOUT THE GABC~KOVO D m , 4 OCTOBER 1994

World Wide Fund For Nature (WWF)

For Immediate Release, Tuesday 4 October 1994 '

WWF ReaEnns Concern About GabEikovo Dam

GLAND, Switzerland--WWF-World Wide Fund For Nature yesterday told the Government of the Repubtic of Slovakia that it continues to be concemed about the ecological impacts of the GabEikovo am, which threatens 200 km2 of valuable floodplain forest.

"The GabEikovo Dam is likely to drastically alter the hydrolo& of the Danube floodplain and to inflict serious and lasting damage on the region's biodiversity", says Dr. Claude Martin, Director General oEWWF InternationaI. "The scheme must be rethought."

In a letter to the Slovak Government Commissioner for GabEikovo, Dr. Martin rejected Slovak expert Professor Igor Mucha's criticisms of WWF's assessrnent of the ecological consequences of , the dam. He pointed out the limitations of Professor Mucha's report, which only discusses part of the problem caused by altering the river flow, only examines part af the area affected, and ignores long-tenn impacts.

"We have looked carefulIy at Professor Mucha's report but cm find nothing in it to justify changing our position", sdd Dr. Martin.

. WWF's position, outlined in a study, "A New Solution for the Danube" (published in January 1994) proposed short and long-term conservation strategies. Short-term measures aim to get at least half the diverted water back into the riverbed, to narrow the riverbed, and to reconnect it with its side-amis. Looking further &ad, WWF believes that two-thirds of the Danube's water should flow along the original riverbed.

When Professor Mucha criticized WWF's position, the orgaimion agreed to suspend activities whiIe it investigated the validity of his comments. Having identified the limitations of Professor , Mucha's reporc, the organization now restates its view that the GabEIkovo scheme will have a severe impact on the ecology of the Danube floodplain. .

Other critics of the scheme inctude the Hungarian governrnent, which abjects to Slovakia's unilateral decision to diveri the waters of their s h e d river. To resolve the conflict, the govements of both countries applied to the International Court of Justice in The Hague. A judgement is expected next year at the earliest.

,press ~ l t - H for HeLp or A i t - Q to Quit.

I LEVEL 1 - 1 OF 9 STORIES

Copyright 1984 The Economist Newspaper Ltd . The Ecanomist

SECTION: Worla politics and c u r r e n t a f f a i r ç ; EUROPE; P g . 68 ( U . S . Edition p g . 4 7 1

LEECTH: 335 words

HEADLXNE: The Danube; Blue is green

BODY : Had t h e Austro-Hungarian empire surviveà into t h e E r 2 of green revolutions,

a couple of environmental disputes in the heart o f Eu rope night have been svoided. The problern iç the D e n u b ~ -- and t h e differcnt ~ c ÿ s in which Austrie, Czechoslovakia and Hungary would like to see i t s precious b.aters u s e d .

The Coweï A u s t r i a n provincial qovarnment h a s just r ~ t i f i e a p l e n s to build a hydroelectric dam at Hainbusg -- C e s ~ i t e t h e wosries af ecologiçts &out the libely effects on Europe's last survlvinq \<etland f o ~ - c s k n e r r b y . The Press Ait-H for H e l p os Alt-P t c Quit.

The Economist, D e c e m ~ e r E , 19s;

Czechoslovvk government, which vzs aJso not amused, tclC the i.us:rians that, if t h e projec t went ahead, it woula demand compensation. The Qanege, it fearç, could inçlude a loss of hydroelectric potential dorsnstreaz, ear-ironmental disruption and an increased danqer of floods in Eratislevc, the ca2itrl o f S l o v a k i a .

A 1 1 t h i s must have raised a srnile in Hunaary, r ~ h i c h k+s e rurnbl ing "-greenc' dispute of its own with the Czechosloraks. T h e row iç avar e joint project, ,agseed upon i n 1977, to provide electricity for both çocntries. On the Czecho s l b v a k sioe, t h e scheme involves a c a n a l some 15 m i l e s long which would bypass the Danube shallows, and cxeate a huqe reservoir t o s e r v e a peak-time powes station i n Gabcikovo. At Nagymaros, some 125 miles co~*nçt ream, the Hungarians are supposed t a be building a back-up peak-time generôtor.

In fact, t h e Hungarians have done v i r t u a l l y nothinb'çince 1961. They plead lack of rnoney. But t h e r e a l reason i s probably f i erce opposition in HungarY to t h e scheme. This sprnrner, thousandç of people signed'a petition demanding that the governrnent abandon it a l t o g e t h e r . The petitioners claim the çcheme will cOst twice as much as a normal pover station, and darnage water s u p p l i e s and

local Wildlife. The Hungarian govarnment i s keeping, as quiet as it Cari. But the Aus$rians are believed to have offered to l e n d t h e Hungarians money for the scheie, thus deprivlng them of t h e i r b ~ s t excuse fo r doing nothlng. 5 ~ " ~ s A1i-u for Help or ~ t - Q t O Q u i t .

.Press Akt-H for He-lp or A p t - Q to- Quit:

LEVEL I - 3 OF 3 STORIES

Copyright 19aa Reuters The Reuter Library Report

March 31, 1988, T h u r s d a y , AM cycle

LENGTH: 154 words

IIEADLLIQE: EPIVIRONMENTALISTS SCORE T I R S T I.IAJOR I 4 I N I N CZECHOSLOVAICIP.

DATELINE: V I E N H A , March 31

BODY : T h e government announced on Thursday it was a h a n d o n ~ n g p l a n s f o r a dam

p r o j e c t in central Bohernia, a move that m a r k ~ d the first major victory for environmentalists in Czechoslovakla.

The Communist Party daily Rude P r a v a çaid t h e p r o j e c t for t h e dam on the river Berounka, i n a n a t u r a l reservatjon listed by the United Nations s c i c n t i f i c organisation UNESCO, had b ~ e n re jected because o f "irreversible ,

danger it v~ould cause to the environment".

Press h l t -H fo r H e 1 . p or Tilt-9 to q u i t

T h e p l a n .to build a dam on the river, and ail a r t i f i c i a l lake above i t to power an electric p l a n t , was openly oppoçed hy hot11 local p a r t y and government officiais.

1.1: was the Eisçt ti m e i n more I:han 20 y e n r s 111ia1: Iilie authorities had botqed t ç

public opposition to a major eçonomic p r o j e c t . P u b l i c debate on plans for industrial projects i s rare1.y permitted in Czechosl.ova1~ia.

Last month the government ' s E n v i r o n n i e n t a i Cominlssj.on recommended t h e ahandonment of the plan.

September 1988 39 , Czechoslovak -SR/ 13

the arguments against the dam without conmient coments. He added that the q'hunger f o r information in Bungary Was understandable, since there was a tlme when nothing at al1 was published about the project and doubts ver@ interpreted as oppos i t i on ," as if the case vere dif ferent in czechoslovakla.

The Krivoklat Prolect. The case o f a similar though swller pro~ect led to speculatkon about uhether Czechoslovakia rnight be willing to reconçider Gabcikova. On 31 H a c h 1988 Rude pravo announceci the cancellation of long-StandFnTians for a d m a d hydroelectric power p l a n t in the Berounka R ive r Valley, southwest af Prague. Although ~el l -orches t ra tec i protests agalnst the project by the socialist Yauth Union indicated th& the authoriries miqht have informed the official actlvists in advance about t h e i r change of rnind, t h e cancellation came aç a surprise, s ince It uas t h e first Projecc of this size to be dropped apparently for ecologlcal reasons. Rude Pravo reported that the C k e c h goverment 's d e c i s i o n had been based on t h e fac t that t h e power p l a n t would cause "Lrreparable damage to the w o r l d h anci o u natural and cuitural vealth" and t h a t i t had urged energy officiais to seek another location f o r t h e i r project.

This i n s i g h t d i d not, hovever, o r l g ~ n a r e with the Czech goverment . I n 1977 UNESCO deciared that t h e =ea should be protected, because the flooding of the Berounka River Valley vould destroy valuable plants and animals. Hungarian a d Austrian scientists, moreover, have painted out that the dam rould alter water levels and damage forests and f a n l a n d across a vide area. 1.t seems that the international puhllcity given to the p ro jec t played a certain r o l e in i t s being dropped. In February 1988 t h e Czech government's so-called EcoPogy Çouncil (there are no mlnistries of environmental protect ion in Czechoslovakia) evenrually recommended dropping the Krivoklar project and was supported in this by the Czech Ministry of Culture, the Czechoslovak Academy of Sciences, and t h e Central Bohemian Regional Cou.mi l , nhlch described the plan as "untenable. "

While t h e case of the Krivoklat dam psoved that environmentaZ considerations can have a certain impact, it should not delude one into t h i n k l n g t h a t t h e aathorft ies vil1 rack persistence in tealizing other controversial undertaklngs, expecially the Gabclkovo-Nagymaros project. Al~hough both dams were planned in the 1950s and 1960s, more than 60% of the vork has been completed a t Gabcikovo, while construction vas never even started in the Eerounka Valley. The billions of koruny already invested and the fact that Gabcikovo 1s viewed as a matter of prestige and proof of Czechoslovak eng inee r ing capacities will make lt virtually impossible for the qovernment to back down, even ,if internafional protests should increase. Even t h e feu cri t ics in Cze~hoslovakia have ohviously accepted the f a c t t h a t t h e p r o j e c t will -Jbe cornpleted and are only a s k i n g for some a l t e ra t ions in the plans. ~t remains to be seen whethes

COUNCIL FOR MUTUAL ECONOMlC ASSISTANCE

Czechoslovak and H u n p h n news on conünuation of Danub barrsge prded A joint -fional gmp of o i ü d pTcnipktcnciak of 66th' huntrics' for the Danube project Yarted work in Bratislava on 31st Aupg. Boih si&% &efontùiuing thcir building works amrding t? the rhedule, arcept those where the Hungdans on the instnictians of ~perior bodiy have halied the work on damming the Danube. Work is in pro- on thc diversion -1, which, however, is not dccÿwe in the current situation. The CzcfhosIwaks are prcparing to m a t e the conditions in which the onginai schedule wuld k maîntaincd. The canai should =me navigable bj nm ycar and the entue project ~perniional in thc bcgiinining or 3uky 15%. (Bmiulaw 163(3pi3IMq89) '

On 31st August the H u m a n Gwemment spokcsman, Zsolt Bajnor, rtfcrrtd to reports that Czcchoslovalria would Wre tu dam the Danub a fov kilometru upstream from the DunWt i -Hmsw r~servoir, thar is, an Czechoslwak t tmioq .

H t said that the information on t h plan vas not amcial and thc;crore dilfinrlt to a p p r a . He supgosed that this w u a rncans or eruuring a suppiy of water for the Gabckmo hydroeIcnnc station in m s no agreement on building thc system 01 hydroeltctric stations on the orighal srale werc rcached n a Oqobcr and,-med that Czechoslovakja would rctain wrne of the eicdricity generaied at Gabcikwo as uimptnsation. Should this happen, he sai4 Hungaiy wculd regard it as a unilateral violation of the interstate agreement which .rnight prwoke a' serious hternationai dispute. Rtspomibüity'for the ecologjcal, navigation, urinomic and 0thtt mnsequencu would lit on Czcchoslwakia He a p r d the conviaion, howwcr, that this would not happcn.

Awrding to Jozel OblozLisky, dquty direaor or the watcr mnsc~arrcy p r o j a enterprix in Bratislava, this a h n a t i v e is béq cansidered'in case Hungary unilatcnlly rc luw to meet her commitrnents ,,$?der the wntract on wmtniaion 01 the h y d r o c l ~ n c *:cm. The projea is ai the planning and d* stage, ils implementation proper has not yet started and it depends on the d d o n by the Hungarians. If th& deciSion is negativc, Czccho~lwak iiivestmcnt iotaUing K m g W million on the Gabçikovo section ivould rem& unused without this alternative measurc. "We, too h o p that thc alternative a no1 bt n ~ d d . " .

It should bc nddd that, b&d= announ+ thc susperuion of thc work on zhc Nagymaros %aion, the Hu%- are not coniliuing thc prcparaiions for dam& the old riva bcd at D u n w t j , the dtadlinc for whidi k tht end of n a t Oqobcr. Çzcchoslwakja would inair comidcnble

damags if this dcadline k not mer. AEcording to Obi-, th- are conditions Tor wming to im %rith the tmrk In othm wrds, the Czcchosiovak t d c d alternative w~i ld bs a mcvure to limit the damage s u d by the I3ungariaht' faüum '

to m m theh commitrncnts on tht dam projjca. ('MC h' of tn Srp~cmbu 89)

The Hungatian contmaon have q w & . d ihc prcparatiom for damming the old Danubc btd ut the hite d the Hwav rcscrvok and for rerouting the river &@

DmaWiti dam on Hungarian terriiory. PU this d i & i n t e n a to regutale thevolume a l wktei in fbc3lï- m i r , h m . which the Gahcïkova hydrocl&ric astion WU bt dir* supplied, the Hungarians have kepi in theif omi h a n a the ky to the ui t r j into service of the generallng wmpler.

The deadline for f x i g the Hmsw rtsc~o ir is D m & 1S90. The damming of rhc old rivcr bcd and rerouiing through Dunakiliti is planned for thc end of October.

Amr- to the Czcchoslwak Gwwnment commiuioncr, Jozef Obl&sky, for the Czechostmak buildm of i h ~ Gabcikwo m i o n , the dcadline of Decernbcr lm for TiUing thc Hrurov rcscsoir rcmains binding; thçy have subordliared 10 this the prwkion of b u ü d i i faditics and the

organisaiion of the conxmaion projta as a wholc. rwL the Hungarian deliveries, it is proposcd lhat the joint i i u a b l e be rwised so that thc Danube's bcd on lx rtrouted by !he deadiine for TJJing the ruwoir . T h e r& timetabie b to bc subrnitted to the Septcrnbcr meeting of the gwcmmtnt commissioners.

hiildos Szanto, t:?c Hr;ngarian commissi~ner, says rhat the operation of rcroctiqg the Danube watcr [rom the old river bcd throupii the Danakihii dam wil last 72 hours, but ihi! ia onty the ~ h n a t i 0 ~ of laqesçnlc prcparatiom for whIch a minimum lwo rnonths is nceded. AU the work dcpends un the hydrological mndiliom on rhc Danube. The conditions for the work arc best whcn the flow averagm aboui' 1,500ai.m a second. .k a rulc, the river has this avcragc nw ai thù timt of ywr, until the end of Oaobcr. Every rise i n t h ~ Hvcrage flw aeatu ne+ ri& an4 oncc the limit of 2000 =.m. a w n d b erceedd, i t not oniy bcwmcs knposribtc io continue the damming, but regulaiory and flood-proteaion wri~iderations may evcn makt it ~ei.x.sq to destroji incompletcworlr.

Udess the decision to suspcnd dcbcf iu iS nwkd -% the damming may have IO be delayed, poss&b a wholc ytat.

Accord* to Oblwinsky a seria of u n p l ~ n i ConscqucnccJ would be invoivtd sehich might have ~a twroph ic consequences for the w-hole projta and for the sumunduig l a n k p t , u n l a uistîy m w u r c s on the n d c d werc taken. This P a n t i a l in vinv of the a b a n d fiÿral gage or &nstninion ai ihc ~rusov rcscrvoir and 81 lhc G a k h f o cornpl= as a who~c, and or thc nced for indkidud gaga of cowimaion 10 f o ~ w -ch nnothcr. For a p l c tht GaWwo scaion is alru+' bchg f l ~ d d &low wiih ground waicr.

Udw it f flood& on ihc surface, with the bnube

mtc r , whjch E hm d a i p uy a la i la t ta the for- sr

305

AmMx iie'

"OaihebaQ&&ctnprasd-~bwe@hathed(~m~e & @ d o ~ k r - r o u & ! y e t t h c m d o o l ~ t ~ a i a U I h m -Rat apfion ir tha, 8 One lot mpmring 10,W hard a r q mms aditeved the H u n p r h make th& decihm w-t upon K ~ m ~ . ( A q g r o c Z Q i O p t 3 0 A ~ W ~ vrbmmtq appmval Oa-, thq wiM nat be ahle t0 A total of 34 CzEchdwalr mie* h g b t f* t r o u t a U t e ~ ~ t h c D u n a k ü t I d a m ~ t h ~ o n & ~ a i m t h K c r S ~ 0 0 0 a t t h e f u z t ~ ~ i r r t t o a p & l c period We am am, t h d o r e , the l lw p p c of aKh d o n s 5 10 caablc di m t q r k ~ o l a d i n c m r r t ~ u i l u d o n , i n ~ ~ ~ f ~ ~ a p a a t i a g h ~ d m k b ~ r h n e e d f ~ a ~ r e n q ' f w HuIurigariarra.AtthcmwiaitIdonotwhh todisaisaduail, a ~ ~ ~ r u i m e J a a m r p m j # l i i o b y r i t ~ o n t h e w h a b u t s l t a r i y a r e w # l c w e W a u v y r t i e t e r r a i n . W e e r e h a d , m a b l e r n t ~ a i h W i ~ l ~ a u r e g r ~ simpiy talaag mta~un whi& di enabb ys to rnakc cffcdve uiww ust it, to stll it ua o l aw condaabla î uwm~l l~ on the ltit bad of th ORasanddnnandr ty tn~arumI lcr tcdbythe Danube, evcn the Huapian attinide rernaîns W." banh An &n rrimmittct d o m mntIdai tho &a and t ~ ' @ ~ & w m ) d t m a a d . d t h e c h a i r m a n s c t s a ~ p r i E t l u r o n t h . I f

t h G ~ K e r m d d a M n d a r c n o t ~ I n t h c n r i t ~ ~ pdee 6-mbÜX 'AI-the iü& on T h ~ M t h tha-aer end demand wcrc not batancd iinril the s h h round at a pnct of

FOREIGN ECONOMIC b 7 0 , ~ for one lot, aihidi m m thai KU 1Q5 was p i d for

RELATIONS one US do~ar, (mirr figlirh IB3p113IArlg89)

Chlaa: 5th session of joint commlsaiw The fitih &on of the Joint mmmhion for winomic,

BUU;ARIA Aenrific and t & d -tien endcd in Raguc on 24th Au- whm the proiocriI on the pi- w &ped by

Ramania: 18th mgion of joint cnmmisrIon ï h e thc h d of &lcgahoh the ~ d d ~~~~g mw J-M Seaai0n of the hter-govemmental commision for cconomc O& and Huang Yi&% the çhin- ma of En- and dmtili&tedinical c m p m t i o n ended in Sofia on 29th Rexiurces. n e kekopmmr of rtl&om - - and Augus. It noted t i m &a rhc prmous surion a n u m k of = t a d o n qr& at the LUhmr of thc -nomie dmments Wed A ~.enei.al ~ h c m c for O, tfa& for !art year. +ni and impns in IM arc p~anncd w o n and -tirin in t-n machine buadi@ totd value of 133 d o n Swis frana. The cn&m b b e h furfled a weu Wumenu c p r d appeciarian of the csrabiisiuncnt of d i r a aadc -ion in hydraulia and pneumtia and fcr bcen thc u h %@ ~ w b f i c and J- sp#ialisation and mutuai dclivtncs of tlccrronic ~ ~ ~ m ~ s a d Pr-=. ( C x i i r fi$h I 9 O p # 24Aug &9] t m i I e mathinu. T h e Chinese dc lqt ion lefi m e for home on 2&h

Spccial attention m paid to future i n r c ~ i f i ~ n a n of the Augrut. Huang Yicheng said M o r e dqamire that rhepfrJmt intepticin p r m in the ~ \ c r n d indusrry, the produaion poLiq or-al& and the opcn-zhr p o ü c y w l d of ho& and hauluig ~apacitia and C I C ~ ~ O N ~ Broader - bt&ahdjjnChina, aptraFion i4 avisgcd in the spherc of pcmu wippiy, A a r - to Jaromir (Jb9na supplitl 01 Chinesc ~ ~ [ U U W , emlwre, fw light timber a d ihc tmbcr e l m i c consumer gDods wLI lx - a n d 4 by the a d of thii p r w s i n g industri- as weii as in the & c n l * ~ t c ~ ~ d y,, hop& have draMl up for uhing Chineschiidhg senon. S w i c m u r e s have b n r f en in cnmcaion ivith ,p,titics in housing codm&n ~ h d - and the fuKhcnt of barter obhgationir, mWly -=ming non- have Tr& btereu ui M o d w a l r nudear deherierin. pmcr prothaion. (CTKut E~gIirh IW p t 28Aug #) An aperncnr was readied te intwij. d i r a mniaas -

bctwrtn tompanies and e n t e r p h of the mto wuntrier. The USA: b d e m f s netUral s& conversion leEhndogy ptotml on the pr- W *ed by Andr~y Ldmw, to be gold Tennero An apement on the d e of a Bulganan W e r of For* Ecanomic Rciatioq and Ion cz&od& fec~ofogy 01 rnnvçrting mniral soda into Radu, Romnian Depuy Premier. (BTA Vr En@ IJJpgrn~ rnaterid opable of hardul a i b s t m from the 29Aug 89) aimosph~re wari r i p c d bj reprcseritarivm of the C s E c h d d

Audmry of Seicnœs and Tmnw US4 in P W c On 28th Augua. The a@ meth4 of produchg aaivc Joda

CZECH0SU)VAFiU o f clidnaring sulphur diande and ~trogm oxiiridcJ b th m h o f 14 y e ~ r of rtscarcfi wotk bj scienrk from the 1-

-rimental hard*umnq auctioa beId in ~~w Imimtt of P * i d Ptague An auaion or a hard mrrcncy iwLp1ac.t ui the Elcar&drcrnistry md the COUq= of Chcmid T a ~ I o g y in ~~*~~ CommFMal ByJ( on 30th Aupsr. At wch pWc. nt posibilitm appb* the m e d in a u ~ i ~ ~ C z & d w a ~ entcrpnszs o n buy fore* atrrsnq for c ~ & , ~ ~ ~ M ~ limitcd of the counmy's shonagD

E n t t r p h and organisations scni 190 appliutioni to h, basic malcnal. di^^ to BNCC C. M m , Vi- ~midpatc in the auaian. The aucrion c o d m c d rhat dcmand prmdcnt o l ~ - - , fitchodw* rnethod ari be used

The D c p u ~ Rrnijtn PMI Hrivnalr mIid P c i a Medgycsrj

COUNCIL FOR MUTUAL hnd taih in BU* on 5th Oaober; the agenda iriduw the

EcONOMIC ASSISTANCE preparation lo t a msering of the two wuntrics' (CTXh Engluh 1332 p u I i O* 89)

m t o q of nqoüations on Danube, barrage

p d e d (Czcclioslw& w) Althou@ the w,ncwt of a ~ . d r & l d c - ~ t e m on '&-river \~ i r s boni rs earlj ai in the 50% it became a reality only on 16th Septcmber Imf, wiih the condusion of a hhoslwak-Hungarian !qge,anent on hiiil#ng nnd operaiing it. Comtruaion siancd on 3ûth Junc

3 and on 6th Fcbruary 1989 an agreement on speeduig the work in order to cornpleie it 15 months ahad planwar siped.

The work on the projca has been swereiy alfcned the lgarian gwemmenr's derision to suspend construction of

ti,e Nagyrnaros dam for IWO mont& adopted at i t s m o r d i n q s i o n on 13th May last. At the same lime the Hungarian gwernment inshucred pxklists ro work out ne-# euilcgid seisrnoIogjd and gwIogid crpenix. The Czechoslwak goverment adopted i l s position on the problcm on 15th May, d m ï q Hungary's dccision 25 both ungroundd and unjuztiried, both on the faas and awrding to international law.

These contradiaory p 0 ~ i t i 0 ~ led tu rhc meeting of the mo Premiers, Ladislav Adamcc and Miklos Nemcth, in Prague on 24th May, which resulted- in an qe-ernent on disniaions berween both countries' experts. Thc Hungarians were to complete by Wth June 1989 rhe analpis neded as a bais for t h . M e r the -en consultationr on 17th-1Ah Juiy, ïadislav * iamcc and UMos Nemcth held taKs in Budapat on 20th

.y. T h e two Premien q e e d that di problcnu could be revimed and wncluded in joint dlxussions by the end o f

Octohr . Their ralks were Iollowed by an cxtraordinary -ion i e Hungarian gaverniment. A diplornatic note of 18th August cunfmed the decision

of the Czcdioslovak gwemment of 15th May !O insist on the 0bSenian~e of the agreement and, at the same tirne, pointed 10

the darnagc caused ro Czeçhoslwakia in cnnsequenœ of the suspension 01 the work at Nag)maras, which uas the reason for the demand for uirnpemtion.

During the talks beDvcwi Pavd Hrivn& Federal DepuS. Premier and Slwak Premier, wiih the Hungarian Deputy Premier Peter Medgycssy in Bratislava on Rh Sepieniber, the Czcchoslwak position wiÿ c l a b fomuIated: if the Hungarians do no1 continue the constmaion and if thty funher violate thc npzmcnt , ISzech~sIovkia wiU b t p n s icch-ica2 solution ucluskeb on her o\in territory which would ensure the operaiion of thcwatcr power -cm at Gabcïltwo.

Discu~iom betwecn Cz&od~all and Hungatian deait WÎth the international and Iegal arpcdS or the

~ r ~ b r e m COnntEted wit h fie builduig of t h t Danube proju look P I ~ W in Pragrie on l&mh &tembcr. ExpcrtJ on

F 0 - e lBth s & d h f nmding The 18th rnwing of

leading o f f i d a d the memba awntria ariu hdd in Ho Chi Minh City on 26th Sepkmtq P h Xuan Dot, the Viebuunese Minister d.%r#ky, phsided The w ' p a n u disarased lorcs~q hanqcmcnt and m c z a r a for furthet . p f o m o ~ m i o n in LMS fie in.1991-95 and afterwafds. ( V N i th Vrg!ish lirli536pi27Scp#)

Sea iransport The third m i o n 01 the 54th CMEA meeting which deab with the opcration a l rnaritimc iranspon began in Havana on 19th Septernber. II was attended by dquty mj&ers from the M e t Union, GDR and Polan4 and by dir&on 01 ma-itime transpon organisations from oiha d a l i s countrim. The agenda included a, reviw of work done in 1988 and discussion a l ihc mah tasks of multiiaterai c&opcration tu be perfomed in 191-95. The meeting which wd e h Cuba's mari the transpon wiiI continue until the E n d . I t was opened bj Hugo Vi iar C-tillo, secretary-general of the Cuban merchant marine and pon workefi' union. ( C d m TV I7Wgmi 19 Scp #)

FOREIGN ECONOMIC RELATIONS

B r n A R L A \

Plovdiv Auttimn Fair Thc 45th International T~hnical Fair was opened by Todor Zhivkov, the Prwident of the State C o u n a on 75th Sepiembcr; 2,420 wmpania and organisations were repr~scntcd, induding fore* erhibitars frorn 29 countriu. (BTA In EngIirh 1321 gmr ZS Scp

Contrans includPd: Iran: OR 28th Scptc:nbcr an Iranian dclegation, headcd by

Mohammad Hadi Nuha&Husq.njan, the Irafian Minister of Heary hdusrry, h s s e d eainomic relations Mth r=prescntativu of Bulg- business circles; Andrcy Luitanov, the Minkter of Foreign Emnomic Relations, wa pruent. On the f o l l m day aftrr a imal plenary w i o q the Fiiû miniaers s i p c d a protoc01 on the agrccrnents reachcd. The Sofia Commercial c~ncIudcd an mgecmcnt wiih the Idro

6&œriq organisation of Er;ul and &th the Tejerat Bank. Accordmg to the lranian ministcr, agreement was rmchcd on mcr2.l joint projus, thc ieduiical d e i d or whih require furtha deEiaioq joint produaion al a new lu mi^ bus intendcd for cxporî to intemational markets. (BTA in

f i g f ~ h 1843 ZB Srp md 1841ipi 30 Stp 69)

COUNCIL FOR MUTUAL ECONOMIC ASSiSTANCE

CONFERENCES

CebchosIKi-Huunga'rIan ncgotle':tlons on Danuk bar- pr4frrt ( G & o d d rrprt) Rie t & s on 11th Odobu W the GochoslovaL and Hungarian Premim Sadislw Adama and Mikios Ncmtth produccd no dermite dedian on thc i w c of wntinuing wnsmaiun of ihe Gaùcï!cw~Nagvmanis proja . Acc~rdurg IQ Viadimir Iakvenq the E & d md Slwak G w c m c n t cnmmixioner for ~~nstruEtion and op~ration of the barrage, the latcw pos~ptponcmtnt har becn madc at the r q u u t of thc Hungariarÿ;. Our xientists have round no serioui scjcntiiic

reauins to prevent ihc succerslul wmpltiion of the joint projta: and rhcrcfore the Czcchoslwdc gwemmcnt's pcsition ot p ~ c i p I e that, the Hungarians muw adhcrc to al1 thcir obligations under the agrcerncnr m o t bc callcd into qucwion, "It musr bc rtalircd that wc have calarlatcd thc l o s s inairrcd by los 01 uw for one y u r as t0taIL-q ~ a ~ m i l l i o n , I think that anyonc with a icchnid, cconomic an4 if 1 r n q =y ay, a patrictic cüqmsition tan, muu surcly t h k about mys o i rcducing i huc Io= My crén

convidon ir that i i w c arc unablc to thrash out an agcemenr bj 31st October, thcn on la Nwcmbcr WC ought to btpn wort on QU[ wluiion on our w c r e i p tcmrory." (Pc5yc

home rcrvicc 1730 gmi 12 Qcr 69)

( H ~ p ' m rrpbn) Shortb after the t h hcId by the Hungarian Prcmic: ti Crcchoslwalja i t a p v that a c h q c mighr be taking place in Prague regardhg Gabtkm* N a v s . Wilhin two &ys, w o watcments contradi* cadi another, one w n m i o n a q and one tougher, have k z n madc in Prague. The Czechoslwak gwemicnt spokman har;

n w saÏd it that it is wnceivablc that Lhcy rnight acecgt a m a c a l i o n of the 19TI apccrncnt, but oniy U agreerncnr is rcached an mmpensation. MiFoslav Pave1 crnpharircr that W c r d tcns or milliards o l a m has ben invtritd in buiiding and 4,000 ha of agriailturai land sct aside for the projcct.

The othrr Jiaicmcnt rame f10m Secreiary-Gcncra! Jaku Who said at a session or the Central Cornmittee that theyty all m-ns insisteci on abidrng by the oi-ighal aptement and in the opposite Ca*, Hungary must p3y compcrwarion. Let us r d lhat at thc outxt ihcy spokc or Ku 27,WX) million and latc: lhcymcntioncd 50,000 million.

CzochosIw&a'a p l u i Lr IO d'wm the Danuk and to rechannc1 the waicr Înto thc rwn~où so that the fika turbinu Cyi bcgk operation at G 3 W w o . Thc chairmm o l thc Bratislava Environmcntd h o c i a i i o n hu told the prcv that indqcndcnt crpcns should a h bc dnm in10 the

hvuclgation and thai he b p t d that the Trial d&ion h u k n de!ayod by tpni aredu (Bu$- Lomc setvice 2ldOgmc i30cia9)

Con- O? Austriaa business community ovgr

Dm~be b a w (&ch~dovakrrp?)Theunilatcral h i s i o n bj t& .Hungarianr lo hak E D W N ~ O ~ a l thc Nqparos part of the bamgc continuer to grat ly wny thc A u W h nikrprirer whi,hi- have. a joint @ c r y jn it! mnrmicti6n id aiimpletio& a$ t h q am ylvoivcd through thcir produaion p r o g m m 4 fuiancial capital and ernployment of h e u worken Zhe supplier, conriruaion work and technid quiprncnt conrractcd rcprwnt the vduc of 5,W miiiion x m but ihc total bu to Austtia il the wntrau Salk t h u g h is a s ~ c ~ s c d in V i m a today at ovcr 10,000 f i o n schillings.

The WU-knm Aurtnan T m of Voirh would be the mort af latcd. It har drawn up projcas, dcvtlopcd and produccd rhrec Lgh-perionnancc Kaplan turbinu valucd at KiI,WO,IXW utdliq spcc*d@ lor the N a p a r o s barrage I i r diceor - general said on 13th Oaober "1 hopeC al! dong that ri& Friuir:al rituation, which w u v c r j unf2vou:ablc Ior L& uould bc improvcd Cor us in ihc end th rouy uimc rnodilicd C i c x a r i v t ol the cornpletion o i the uholc h>drorlfanc ?%en. Nmcnhelcy alter yerterdafs neerirg Ctwccn ocr

C~L-,.;cSor Vrani* wrh the Hunganzn Prcmer, ~ b c snolc c,cu:ion h z bwn changcd - to be more mat, il har b e n cnanged m a way which aliccs our suppb conirsr. rcgxbc. I m comuiccd chat there arc mc;al r w n s u h t h 3

hydrw!ccrnc @em should lx cornplcicd L? i;s c*tc:c.

Acordin~ to our vicw in A u s t n r the hydrc-4mr.ç z.xtx E both tchtiyricib and Fuianna4 duipcd in a ncu and modcl w2y. ?bit rcprevnts its -ancc Ior ihc warld ar a wholc, bcciusc it could be uscd Ior b u i l d q various orhcr h)trot!cc;nc narioru abroad T h a t k why it is a pi- ihar

H u q q har taken a difltrtnc decision. W n d l y , WC shaU lux an oppnuni ty to gain vduable information and daia literzI@ o t w r l d importance. At thc sarnc timc u;e Co no1 hidc the Ira Ihat t h constwaion proju= h a prmidcd uork for the Auxnari consrniclion, tnginccring and clcnriul cngincfring indu sr rie^." {Clcchos~omt TY 183Ogmi 13 Ocr A91

CBIEA-EC cqnfemce on derelopment or mutuai mlations +rile cpnfcrcncc, held in h I o m on 1d1h and 15th Octobcr, wac attendcd by hcads of ihe ChlEA Erccutbc Cound and Scmctuiat, Swict ministriu and dcpanmcnts, r~rucnia i ivcs a i the cnmnhiou or the Europwn Community, the E u r o p n Parliament, oihcr ifiicmationd orgirktions, major Wcstcrn Fms, and Swicr and lorcip wholm.

Opcrimg thc prricccdin& VpchwlavS~chm, ihc Scacrary O( lkc ChIEA. noted that thc current Yagc of rcl3licns w35

spcCd for both OrgYiisations which wcre undcrgoing a pe50d oïr?diul r c r o r q inicnded 10 t&e thcm I O a qualiiaikcly n-i. q c of iircp3tion. Whiic lachg $ i d = problcms inic%pt:on, hwcvcr, thcy are ar dilrcrtnr sllges in the

COUNCIL FOR MUTUAL ECONOMlC ASSISTANCE

Çooperatlon wlth Finlana: 17th sesslon or mmdW 'Ihe l ' f r h ~ i o n of the uimmittçc for- cc- opemtion behveen thc rncmbcr countrics and Fdand look p l u in Sofia on 15th and 16th Nwember. The Fimish delegation vmr headed by Kaltrvo Hentiiag dirmor-gtncral if Ihe Ministry of Tradc and Induwry. The panicipanrr arpr* the chire to imprwt the eficiencj of the commirtk's work ty replacing outdatcd Iorms o i ils p ? W i n g s ty ntvi style and the latest rnethods. (BTA in figiish 0711 md 1835pi 16 Nov 89)

Pateois and Invenüons: 2nd sesslon of b u m u and C u h bilateral apxmerits The second m i o n o l the CME.4 Bureau for Patents and Inventions has eancluded wi~h the si&g of a f i a l protom1 whirh tnwsagu a plan to aid Cuba in her awlerated dwelopment through xientific and techniai cwperaiion in the period until1WS.

During the threeday meeting, held in Havana, Cuba wndudcd biiateral agreements on paterik with the GDR, Mongofia and the Soviet Union. (Havma homr scnîcc 1 2 W p i I I Nov #)

CD-OPERATION

aeginnlng or Czffboslovak work on n w shippiog Channel on Danube near Gaixikovo In wnnedion wirh the Hunganan decision to intempt work on Gabcù:ovo M e r projcQ and nor dam the river at DunaMifi,' &echosiwakia har, betn forced to appiy a temparary =lution. as a substitute. Thc position for a ;& right-bank dam Ior a , n w navigation chamcl began to bc marked out on Uth, Nwember. 7ï-k is O@ a temporary project, but geat; attention is bcing paid to eeology. The Iwel or the ~unalïility-; IHnisw rescrvoir will be hiro metres lower, which means l a . vdtra t ion hto undcrguund waters. (Pmguc 1730gmt 'l3 Nuv 89)

FOREIGN ECONOM1C RELATIONS

Italy: agreement on co-opemtion An aegccment on cconornic, industrial and technical CO-operation was s i p d in Tirana on 8th Nwember by the two MinYiers of Foreign Trade, Shane Korbcci and Renato Rugiero. It envisaga w operation in minera1 production and proccaing, thc chernial, Lght and focd industries, engheering and agriculture. (ATA Li EngIish M3Ogmi 9 Nov 89)

C u h -ment ou goods exchaoge for 199-3 Tr.e q e c n e n : which w z s concluded on 9th Nwembcr prwides for goods worrh a total cf R330,OW,D30 to be crchaaged ncxt y a r . Expexs to Cuba wiii include p r o d u ~ s o f the e!=ronicr and Ligh! i~dustriu, food, hoisting and handling cquipnçnt, mctal-nitting machincry, chcmials and pharmamutid . Cuban raw sugx and rnolass, lresh cirrus f r i t , nickel. and articles for the eienronicrj industry will be imponed. (BTA il: Engli~h Z014gmr IO Nov 89J

New fuûctions lor State Bank O n 20th Novernbc: Svatopluk Potag the chairman or the bank, told the press in f r a p e that it would promote the poli7 of o p e ~ n g the fcdc:al economy to the world. Nnv legislarion, apprwed by the Fcderal Assembly on the ISth, had cteated the Lÿtiiutional buis for developing thé: funaion of rnoney and cnabling the means oI value to play an a a ~ c rolc in the conditions of rcstruauring rhc country's economic mechanism.

Patac delat in dttail with the effea or the new law on the bank's ability to regulate economic processes within the countiy and spo. of Czcchoslovakia's dcbt which erpeacd to rernain at about 6,m million douars. Foreign credits would be granted or$ on rnachincry and cguipmcnt hi ch wuld cnsurc a rcturn in convcniblc currcncj and on ihc dcvcIopmcnt O[ joint vcntura.

Dcaling wirh thc possibility of CzcchoslovAia's entry in10 thc International hionctarj Fund, he srrcsscd that aher ihe Tust ca~rulrarions i t cuuld bc ssid ihat thcrc wy no obuadc !o

it. Obtaining Crcdit w;is net of priority sipilicancc, but it H z

not nFgligiblc, cithcr. on indriarially e&anccd sisle Czuhoslwakia should share in the aaMtim o l the organiution.

6 lu1 9a E E / W

-1- projedi. pracmion and imprtivtmcni or the c-onmcnt 3 na a chcap matin. The consistent r e m d o l twi acqitioru Itom axildd n o r m WU h a b

mg of p d u a i o n and p r i e and 8 WC are ilw, pr* now, joining the international irtery on thc p r o i d o n of ~ h c ozone laya, we arc d o k thir wiih ihc howlcdge that Eu impltmcntation MU WSt US t h w m d s of d o n s ot a o m whidi WC have to gct lrom wmexhcie. In ~ h c pari six monilq a 4 c n n x w s was schievod on ihc fafi that the pmicdion of the cnvkonmenr is the nurnber ont priority. From th$ hwovcr, p r d the n c d to give means a b dl tri this -or.

nie gwernment ivS1 &c the environment kat one of ihe priorititr d 3Ls forew plicy, $cchurc without intemariand ~ca logh l c c ~ i p t i a n mt-od-yh it nd possible to entti inio E u r o p n intepi ion, but it is not puiilt IO

fur i rhc sct goals eirhet. WC have halied the constniffion o l the Sionava mkhg

plant. During muiual t h aith Hungary we shdi srive for ihc solution of the @hm of the Gabckwo waicr projcct wtiich bas COS us mors lban Ku 14,W rnillian. We have to rc&on wiih grcat crpenia Ui cornmion wirh thc h t rdua ion e l ccologid n o m corresponding 10 the Srici nanâard of Ihc

Gecrned depuiics. [rom ihc nurnbcr o t a~aiym carried out in rectnt t i m q the long-tcm stagnarion of our cconoq and iu dcqxning l agpg k h i n d a h a n d s ta tu are apparent. The prm'ous gwernrncnt of national undcruandhg alresCj drw condurians Irom this darming iaa ar.d lajd IounGatiohi for an tntireiy n w economic stratcgy. We have d&dd to

continue, e l ~ h r a i c on il 8?d impleaeni it mth~sizuical?j. Our aim ir to adLime a ndical change in the r . c l h J of manycmcnt. Thc oniy u.ay tcwards ihis god u the gcncral

A mnsihbIc p u t ot cmnomic dtckiorid uill b VBRdcrred from the sac to e n t e r p r h which di btar duea propcrry respori~b3ty ror dicm In the gwmcm's new, a permanent ueatian of a mmpctiibc emironmmr. LbetaIjsatian of priccs and lorcip trade, Wcd aith the intrdodion (II interna1 wnvertibiliiy of the LTD*~,

p r i ~ a t i d o n of a uinsiderablc p t of the ahiq gaie M o t of the tçonomy and the dmclopment of private w i n o q , are k q stcps of tht acononiic rcform. By iu wnomic poiicj the fahi g-ni d drive to the marimum pouible mtrir IO l h ! t Mation, uaunplopnmt and fore* d&.

ïhc liberaliraLion o l pims cmisaga the rernoval of al1 obsfach whih prwuit the hcc amrion olpnas on the baBr of rht mwtmmt in mppv and dcmand on the &ci. 'heu &stades usai to bc luund and arc siil round a h t di in the sdminishalivt raing o l m d p r i a and in the monopolisation of the rainomy, atatcd foi a long rinc and iniçntiondly mmgthcncd

The past gwcrnmcnt &ta@ took ximc STcps touark the IrbcnMion ol prices. Thc r c m d of cnsting abvioq &fometiom of retaü pricw, M e d with the remmd of n cliddcrabic pari of rubu'dcs albasic I d h?u San& h 4 week'i t h e a grne-cnt m a u r e udoptcd the

gWcn%ïiçnt of rational und~rwuid i~b amcnding rctd pnUS

of IwkIuma by r c m w i q SIUC ~ ~ d i u , d f corne hto Iwce;Ihc ncvr tederal gwcmrncnt dcalt with M mtarure at

!&!ion on 2nd Juiy and &ui ai thc mndusion thai this U

the axinomic rciorrn. Th% mcasuru are i m ha41 for

adopl aich mcBlwres ai ib na--on [or aimpcnratory supplements for diaimi- io b incrtared c o m i h b l y ad haddared m a u s made to thcm 7he gwcment will aamine [rom which m u r a m a can bc dmtd lar thij or whahcr it would be jus in gR.e this slpplmcnt to ail groups

M e n the gwtmmtni a i r u the nec+ty of p. t ï b r i ~ t i 6 n , ii linlu . h i & p r ~ - mth- the . m i i o n of a cnrnpciiike environment for the aeaiion ol which it WU strive cncgctically. It di do thb on the basis af mpponing the privaic -or and dmonopo l i~ t ion or out wnorny and aifa

relanng iore'w ma&. By rcl- imports and cxpns the gwernment siil aeate

a rmty chaiienging cmnomic environment for e n t e p r k s and for the fm iirne ir urill wand wwutcntly on the side of ainsumcn and astomen. Tt *;II break up the prescnt diktat of home manufauurcra. n i e openhg o f the Ioreip trade rcltions k, abwe ali in the initial p e r i 4 one of ihc main uays or rtplacing the coUa?sing q s e m of wpplierzcnairner rclatiox h ordcr rd srrengthcn ccnpetirion uid relax forcip trade

adrninistrathe - rcyiation 01 hard clrrencj management. The gwcrnment wdl ~hcrcfore i a k e a funh iencd sep on the r r y

~wards the fuil mnvemb;tiry of ouf ~ o u n and Irom 1991 wul inrrodum a iyuem of s u d c d inremal ~ n ~ t r t i b & i y of the nmn iu*ar& Irccfy mrrveniblt airrendts The &hg *cm 01 hard arrrcncy n o m di k abolished

Enierprisn dl EU ihcir hard airrcncy inwmm io bank?r ai rnvket achange r a t a and 2.1 the same lime t h y aïü have the io buy mnvenible curreny sr th= r a t a for the& ~orc& payment~ Becdus of rhc pr-t bard airrenq imbalmg in the ria sage, a b e di, uMin rtgulatorj rncawircs dl bc in opcration which vilE s & ~ the demand lot convtrtiblc aincnciçs iad wbl prwcnl presaire on the p h or dcbtr

The governmmi di b lm& for in the fiortest

~ ~ ~ Y Ï I C -kmq to ~.i.âb~c i n & i d ci- tm t~ gain ire scctrs to mnvcrDbIe amnaes ï h e p t m c n t ' i pücy in the utilisation or for+ sourœa di b an Inponant part or the reiorm p r m lm.

Our trab with the oulljde wortd L M a n 4 we have the repuration abroad of a reliable psruim. l k wweraU mit or our instbtcdncs during the WUEX ot the rua month of thh p r e m a h bnsicany unchange the p ir in the range 01 7,W,000 milIion dollars

in annea ion wih ihc implemcntation of the indi5iduai

ph= of the reform proccy it di bc n- 10 c m i e 4

d m mwcnîblc airrcncy r w w c a thai wc arc irüurcd %air& possible + in mnomic dcJclq>meni. Abwc aU we rcIy on r n p ~ m t i o n 1Yith the L-,tmationaj Mondaiy Fund i n d uirh the world w 01 WII;C~ WC wbh tn -me

Copyright 1990 The F i n a n c i a l T i i n e s Limited P o w e r Europe

LENGTH: 165 words

IIERD1,INC: Gal?ciBovo ta go ahcacl I I

EODY: 1

Czechos lova l r energy b E C i c i s l s have conf lrrned I:liat the llydro power complex on t h e Danube a T Gabcilcovo will go into servlqe in 1991. E a r l i e r t h e government sloi ied work o n t h e proleet due t o cost o v e F r u n s and I J u n g a r y l s d e c l s i o n ' t o s u s p e n d the Nagymaros prcject, t o ~ i h i c h ~ ~ b c i l < o v o I s technically linked i n terms of water flow. O p e r a t i n g t h e ~ a h c i i c ' ~ v o complex without t h e Nagymaroç p r o l e c t means t h a t the Czechoslav d a m vil1 have Co Lake about a 50% c u t in output. Gabcikovo has h e e n huilt on Lhc h a s i î O F c i g h t t u r b i n e s , each w i t h a capacity of 90 MW. The p r o l e c t was o r i g i n a l l y d e s i g n e d t o p r o v l d e peak load, as a e l l as baseload, power . But i f the Nagymaros d a m is not completed, Gabcikovo r i i l l probably he limited ta baselond supply, as oi-icraLing t a meet sudden

P r e s s A L t - H fo'r Help or A l t - Q to Q u i t .

1990 Power E u r o p e , Septcmher 27, 1 9 9 0

s u r g e s i n demand could cause flooding

However, Czechos loval~ of f icials have pi i rs~ icd I llc i I- or] gina l . pro ject deslgn, al loi . i ing Tor a rcturn to the fornicr p l ~ n s ai: a 1 ;il:r:r dal.c i r Llic I lungarians chnnge l:hej r mind on Nagymaros.

LOAD-DRTE-MDC: Octoher 10, 1990

-. and rcuor;iriori d Moravia and S d d W ~ C pureiy the flair a l mwcmm be -4 and orprrYed the oonvi~ion ~bei&~mraarhetningma]oriryal&e&noiWnrea

3 Fcb 9J)

191 p ~ v ~ h a i n m u - a n : ~ . p r o g n i m m t nnd-Mornw- Sflalaa autanomy Rbüç AgaIirsr Viaknct [PAYJ C+ ordtinring CenCre Chainnan Fedor Ga1 Jaid at a prcu rnccrbq in &#idma on 4th Fcbniary ihat hc had net k e n aquaLrrtd rvirh &y &emariuc cconomic programme or the Chrislian D m d Mmanmt [CDW. Hc WQS r e i c h g ta a Wernrnt by CDM rcprescncirivu tir a mcctlig wirh Pruident Vadav H m 1 In B-YB an 30th Januq ihar CDhi ras pttparing a p p m m e diRe@ [rom Fuianm hlintrtr Va& Klaus' i d e

It u nat quitc clarhw to wmpkj with a juru7cd dcmand aI the a'tizt~u in M o h and Sa& for ~ W C I auronamy, he %Sa rclmtig i o rhe problcm a l h c auranaKy or L h e regionr nic,eand o f rhe S l m t side ir thu c c uùl or the pwp1c 01 Mo& and Sïlcs'a L of prinarj rn~orranc7 he sai& and addod that id= on a possible t r i p d t t Icdcniion arc orùj *thcri&. (Cm tr EsgIùh 1349pr;r 4 Frh 91)

1101 Fedemi Environment Cornmittee dnw up skite tco[qg pobq p r v m e hlirwttr Iax: Va%rouscL, Chairman of rhc Fcdcmi Committcc lor thc ~ ~ w o n m c n r . mer

<on on 4th rcprmtativm of the Green Cuclc kwc37:

F e b v . He SIX& thar hL commirrcç t o o a : ~ i r h the r t p u b I i ~ crrrironrntnt minisiriq had p r m ~ c d a varc ~ I o g y policy propinmis dtsüng mady vith rbc sclccion of yroblcmr demanding pnariry ta&g and Lhc cL~.kot ian of IhL c a m of &onmcntJI pollu~ion, Tnc pmi6p:pan~ erprmcd rhe v i c ï thtit ihc hIo1da.n arc hsd bccomc a rn& prcrcxr for s frontal atm& on thc posirio= had k e n achicved in ihc arcs of thc cmirunmcat and rhu cmIw aar n w of marginal k i t e r a to bctb pcoplt and gwcrnmniu ( P m p A m r rvvicr OSWpr 5 Fcb FI)

[Ill S l a d Remier cornplains 01 Feded hiinistry obglnictloi QI vtstt to Germany rrr) fn m intcm'ov for t-r [ d a Fcbruq] edition of the SI& d d y Wxodna Ob-', h d i m i r M&, Premicr or ihe Slovak pwcrmenr, naid t h a ~ the Czc&osl& M i n L q of For+ Main nFiUed a rqum 10 cirgdnirc a mccrlig bttvicni him and the û m awtemw Ham Dietrich Genuhcr. Amr* ta rhc p a p , ü ir mn Ucgcd ihat thcrc wcrc atrcrnpu to wop this m m . Egon q o k c s r n u i o l the h m 01 F o r t i p Aflak, q 4 airprirc ar the mmmcnt by Prtmirr h1t.cb.r. Hc m i p M t h both thc rclcvant d c p m c n r i or thc h(in*uy and rhc Embassy in Born p1q.cd 8 ~~nsidcr3blc p&? Li ca~iFing rhc ni-lui mmrc ol rhc vk i r @ ihc SI&' dcI@on in Gcmcilry. Thc Emb- alro look p m Li =ring a rcccption ty H m Dietrich Ccmicr , &?d Forc Ip

MLStcr Ji D i i b i c r had perwidiy rwrimmtndcd thii rœqYhn

i ~ ~ d y ~ ~ h a t k ~ ~ & - ~ r i i a ~ s n o t cil- InIwmcd 8 . b ~ Foreign Mwlny S p o k r a r a n E ~ o n L a r u l r y d d . @ p h & 2 1 m p ~ 4 Fcb Pl}

[Ul S I d g o m m e n t apprwm c'ompleiion d G a b s I k m w N ~ (Tm) On 17th Jan~w &C

S M "gwemmm. 8ppmcd ..Rinhee progr& b ;h. *taon t h t ~ & @ k W m o i mu pmjm if the H u ! g ~ - m l - & . ! E t - ~ - @ ~ u c $b wo* on ~ p m j a a-rding to the VpIid inta-*- p A ~ c n t . Thc - .- - - - . - - . - - % g p 3 - b p - h ! ~ o g m k i t i p r e pam'ciparing in the c?naruaion of Gabdrwo aarcd a i t c r d h s h g thc propascd ?lution that t h y w c u l d ~ ~ ' ~ ~ ~ m p l e t t thc natcr fiojcrt -- - - in-=ch a aay u to enaire that it would &ivc'iispurposc -- duL% the f i haIf of the nEcI.2. h a n g othcr thVlgs h di imprwc the producrion af elmicll c n q aich a p r e n t ~crinomc yicld al about Km 2bn a y=. Such amon couid aLo s4h.c rhc prub1cm ot rhc knmedwrt renirn of invtumeni mndc. (Pmguc hcune senicc I S M p i 4Fcb 91)

[UI Inrestiption lnto August 1968 invasion c o u t i n u ~ A m r - to D q u $ Gencral Proicc~tor Libormr Vcler& i n v d g a r i a n r or the Swie-lcd invuion of Czcchoslwakia in Aupsr 1969 asc wrll conrinuhg TRe tic: cowirurirg the alfcnci of ~iolatix puce h u not yt! bccn c l u r i y prtncd qains r p d c persans, Vclcta sud. A Fcdcnl Inieririr bliniary t a togcthcr airh s ~ m c forcip e h d q c n % are invtwigattig dwmentr prwiécd @ Potand At prexnc it ü Lnpouible to Tm a &te athm the r n v u r i ~ h n r c t ihc w p a [ i o n of Ct~~hoslwkh ty PIC h,~ W a r w TIUN mtnber aatw might en& Vclcts canduicd. { U E n Li~Iisk 1319gmr 4 Fcb g t )

Lld Proposd lor d o s v supervision o r F e d e d Inlormatioa Service A propal for clewr silpt.%on or rhc Czcchodwak Fcderal informacion Scnic (FIS] w W x r C d Ly !he aulh0IX a[ the p r 0 p d and rhc RS s u p e h r y m u r i n mrh F c d d lnrcrior hlt i ica Jan Lang- and RS Ducaor Ji Hworrry in Prapc on 4th Fcbruaiy. Thc wrpcrvisory commSiar+ camp- cight rncmbcn of the Fcdcd pazl iam~k icommirrtcr on dcknœ and -riry, uar wrabluhcd by puliamcril in!jqtcmbm lm. The cornmisrion wül coniinue to funaian und a nm On

ihc FIS t$cs c f fa . This n w h w is -cd ta bc parvd at the norr jouit -on or par l imçnt ai the b@g o f h f d Wc 94 on the &cnr to which dcgutiw mJY Pcnemc work or FIS airhout bc& obligcd t0 -7 in 'Id. prota waic -0s &4 mmmtnwig on Lhe

WKCII w to the media. (CIX iir &* cwp' 4 Ftb Pl)

113

ChrisLtnn &m-Uc p 3 e O. ~ e b n b l ~ ~ ~ ~ ~ ~ med3 moaopory fTa) At rbc ~ f i o w s anfcrcna. 4 t h the l&k!ki~~ ~ c s d c Pa

B SYCmCZI

WU madc which UP mong oiher thingr:

I 46 EE/WW A2/S 18 Fcb 91

a via- ..y~ t h c c delegatiom cridmed full s u p n for v k e aboiu th paragaph regarduig w r j t y rta* in the UN resoiuriofi on die Guif Ws, Calfa a&& w- sbia m d W would formulate . . . s n m t h i n g k W-thar in- of a n a d thrcat,athr#

mntn- WU a d each other or t h w wuid ~ O S S ~ Q

(q Pr+nf V& Havel said in W t on hir M m from d t the p i i l i t y of mmuruat a m or iluw m d t participanta did not ~ ~ a i d to SU Up simih. a ~ ~ n t y or eordon sdnitaire after the [QI Wuuld Wrc to join NATO? - t e o n of the W m T q - P o h d , H u w and [ A ~ I l h r i o t ~ s i m p I e a s t h g L F ~ i t w o ~ l d b c ~ ~ ~ &- want to i n t q t into Europe as iu I q i t ~ t e hm wh&m NATO d d socepl an*, to jok p a m ; t h e y o @ w a n t o d t o c r w i r w t h t i s ~ q a d i n r h e * ~ k a ~ k & q g s m r a l y e a r a . T h c e n ~ a 3 i t a r y

~ a i m menrion the dimusion oniy at aramal m u chan@ to adjut to rbc ncia one. f&

the of =chan& mfod011, c p w d t a t i o ~ and pn- - jU f13 tht H v ~ ? or the PoIm - that tvt mua maintain

ih.q masda tbe p o d w of &f, @ rclariw~~ with NATO. NW NAM Lr the on$ eEMm ~ c f u r i n g to ttie Peatagcnal Group. the Pr&sidW naid that and p m . 5 ai&ng in Europe- . - ' ,.-

i t -cd at pr- mat most of the p p ' s membm wuuld [QI k somc kind of neu, organirsrion going to N ~ I W in no objeFtions 10 the a h k i o n ~ f ' p ~ f i d . whidi in tht phcc of the 'ïreaty which would thm hold i h w

p;iw had shcwn certain disappointrncnr a1 aoc haviag b e n countria icgetha?

admined [A] We are @d tha the long pied duhg which E u ~ t Vridav Havel and Federal Fmnicr hhian calta rcnirned was brokm into müitary bloej fa* each ather ha$ endcd

:O p w e fram the miparrire summit, whilc 1. lhird nernber We are giad ihat wc have remwed the wall which xpatated '.>f the Cz2~.4oslmak delcgarion, Foreign h.lMter Jiti LU, the b o n Cunaui. Wcwouid r.ot b;.anyrn- üke :o rerurn >ienstbfer, wdi leavc Budapm forTurkpy. to a umilar set-up by fonrhg another alliance of ou; o v q for

then two paas fa@ each other or at least rivo diifctenr gacu would d %sin. We are building dernaaay Tht NATO mernbm or the .xhoIe of Europe, non-*ed aunui- md

CZECAOSMVAK PRESIDENT ON SECüRllT CO- dernr#ratic wunincr - al l of us togerher Io- a European O W R A ~ O N ANû NkGk'MAROS B-GE communiry. 1 can sec no reaxin for formilg more miliiary

~ I L T I ~ M ' M T V Z J l O p t t i 13 Fcb 91 aUianccs independent of one another. \Vp would rathtr a& s~luiions ior ail-European intcgration inciuding securirj,

y [A] .AI you hw, FIunga& has had seno> CON^& wirh Ï s ~ cf ;flW&W &h v O ~ M & ~ in &C '?&70fWll0"

Slovakia in the p a bbegw of the situation or thc Hunprian . m p m m c naticnalirv. blr M&ar larr weeL visired Budapest. It am- . . :Quw'ionj Mr PreBdeni, you have been weil h m IO ihc ihai now the simation has imprwed wimewhat. How do you io 5 u n ~ d a n acuiefiœ for 3 long t h c bcearue you have Prague sre ihe situation of the Hunpian natimality in .;cpeared on "Puiorama" scvaral tinicp alrrady. G'hat is your Slovaha and the SIwak narionaliry in Hungary? ; I F N of thc relstionship ùewr.en Csechosiwakk Poland and [A] Bach Ihe Federal [aders as wcil as the leaders af the Xunpry from noar on? two Republiu are narurally glad whcn =me p m g m a ig made

!Havel. record& L? Czech with Hungarian translation in this isnie. It appears ihnt the visit of Mr hi&ar an9 Mr supcrlncoscdj 1 am very @ad shat thEs rnecting h z takm M3doskc ha helpcd io cl* the concepth to dear the air tn 'lace. I eh c~minced thzt ir h the now foundation Stone of somc ment. Thiï ki in-the inter- of a l i of irs The narianal

?niis!nva ar a sr.allzr, spontancow rn- which a h c d to alorni. Akeady h e r e we laid the srnsllest of foun&on stones - wtn rhen we leli ihat m-opmtion and amrdination beween the thrce antntits 7 a s n v . From the pomt of w w of both intemanonal and domesdc politiu the three counrriw are Lq a npw situation and face several s imh r:oblems. Ii is the inter- of all of us to help =ch other and to w r d i n a t e our acions.

IQ1 Towhat w m t wiU th bt beitcr [?than ChEA)? $41 It hm to-be bctter under any c i r c u ~ a n k because

we are buildinp a rnuktt economy, and a cennai co rnand "ano. which stipulared who shculd produce what and for khom i3 ccimpIcteb u n a ~ t a b l e to aU the three mnomics. WC would &c Io build'up Our ehinomic relations in a reayi e a l r h y manne;.

[QI What WU happen to rmlitw w p e r a r i o n ? For wc '*nw that the W a r w Treaty d- wiihin a f w w &

RU'S, tao, çms misDd Wc arc preparing bilalual +Pctmentg bmwm ail the thrce muniries imoktd. We a h

and national minority problem have b e ~ n taboo for dcFl&q i h y could not be made public. Now ir bwe who YP farccd to rcap the seedr sown by die previow era - that ÿ it is now that we have to wrcsrlt with the problem con?in~ at us from aü dherrioru Si& it is my rrrn conviaion that Our unrmrk arc mwing t m d s a common ~iciery - a &ery in which cve~ybcdy is equal, VTt are bucding a socieiy sudi those in Wcstm counuies. These are teethhg problem W.& we have to go ihrou& bur from which I h o p we shaü q u i w ICCDYÇI.

[QI The otha problem is Boes-Nsgymaros. 'Micn yoy fi Prtsidtnk were ail1 living in iUe@ty pu opposcd the da;n. What is the stance n m ?

[A] 1 have aiways considercd thk dam as a kind of totaljtuian. ggomaniac monument which is ag- m ~ i e . in other utor&, i h m not been a ïricnd of B-Na$.maro~. Nor am 1 its fan &a having b e n elcacd Prcsident. S U thc power sialion stands. and n w the qucJcion i what its fatc should k l U ha^ not yct bem rtsribd ChChWbakh u inchcd IO ihink ~ h a i sincc if ha budf 11 h u l d be

op*rated at 1- partially. It diouid work ar a poW SKtti019, In thir slhiarion, it is natutal to -op regional ria mh but itj e n v i r m m a x d y d&mdvc and other deus should be W d s a !&gr&, adding that the @on an gain a Iot from thij limited as fu as u p d ~ l e . shiatioÿ Hu & t h information Jianncls betw- thc

Std. as 1 sai4 no kdskn h yd been ma& once and for thme ammiu b u i d be d e d o p l soon aU. It siil dppends on the outcomc of 4 apt negociauona and wmmintt opinion%

[Qj If you couid, as an or* p ~ m n , dœide whtthcr Ù

shauld bc put hUy h o -0% whst would pu m e r ? '

[A] ïXc piobimi is that it ha bcni built. if thcm was nathing thae yu and =me* a&& rnt dether I wauId bufîd it or ncc. 1 would say no. The probim k thar it hm already bccn buiit. 101 mai do you th- hm cm thi problans be.+i@,

once and for aii? iA] In rt5 m v it k fhE W ~ O mus decjde, and

rie enp~ns - ar least the ~ r t s of &ediosl& incIuding :he environmental protcctionirts who cdn harcüy lx affused of anti-mvionmcntal inrercsts - consider it wno5ablt ihat the Boa p w e r station - thaf 4 without N a p o s - wuld be ! = r d as an independent hydro power station with the p r w h :bat we should conwantk rnonitor its cnviromcntai cffear 1 a u l d r eaw not bs n a p ~ to t*c n u n e g u i v d stanrr on t b issue. It h a v e F romplicated t echn id pioblem which also ha amir~nmcnral, economlc and fuianaai aspear.

3 n i p demoiinon of rhe dready commiued v e r slarion ruouid pettapa cas wice a much air irs ercaion. i thk& that :be ?an whiih har aircady b m bu& has ww K u 1%n, wiiereas dernolition would cost 30bn. This ir not a neglile =iinzcr mther, because our wuntria are pwr. It is a . : ~ n c h a ~ e d issue in which cornpletcty impartial erpenr must dadde.

Presideni Had, who vÿited G m a b ths same m of a amilar opinion. Bave1 was mnrpanitd by

R i m m Mhher Marian CaIfa Thc frimdlincsa of the a t m & h c r e o f t h a ~ ~ a s ~ ~ b y t h e l a ~ i r h a t t h w c arere tùrw œ&!mding writcrs st the tablq apart h m Gocna and Havd, the Hungarian Presidenr of the intemationai PEN club, Katrad, alw attendml the rab (MTl in figlimli 2133pt 14 Fcb 91)

'IR1 Foltsh R e d r comments on YIsqmd summit, (-1 prwnttlj 'Rie meeting in Visegrad has mded Our tcporict arked the P r k ~ t to wm up the delioemiions of the thrcc whiie he was dl an rhe plana piel& rclrirding] This a v q plcarant mering, bmuse uie r e m c d to a tradition of long ago, to a former tradillon And rtus s h m that these cenain, mniral tiu sriw and that in the pmiaiIar9 situation in &ch we clnentiy fuid o u m i v a - b t h on acmunt of the neccsnty to remrirania t h

Pmnomy and also on acwunt of the dnteloping polirid situation - thij sceaFg a l tie& t k rn- of a regonal integrarion as WC& k important and ncccsslry. h d I think ,

that th& is relevani from the point of viear ai the wunuies of

the EC, kaause rhy arc Inokiq at a h from this point of view, a~ potential meinben ... They arc Iooking at wncther we sn mme to undeatandmgs among oursetva in ~his. m to speals mi-region.., (PoIirA W2113 p t 15 Fcb 91)

=PORTS ON YISECRAD SLWMIT 191 M O L D A M PRESIDENT LY RO-

.- "' Ramprrr in English (i) I223 gmr 13 Fcb md (ii) 1&36 gmt nilngarizn Psesldent meives Pollsh and IBFcb 91 I~zcnoslovak coun te rmr t s H u n m President .>*ad Gucnu rcoeked Pobh h i d e n t Leçh Walc58 and (i) Agcn;y t a of cornmu~que ( E E / W AZ/1) Czechoslwalr Prmident Vadav Havei at fi rehidmcc in 3udariest on 14th February. The two hcads of wate arrived in "ungay for the mpanite summit in V k p d Ihe ~OU- :'ay Thc 'rt to vmt Praident Gocntz were Ledi Walm and 2s wfe. Danuta, Pohh President wss ammpanied by his ?rune 1G.Linister. Jan Knysztaf Bielecki, and F o r c e M e r , :-toi S k - + ~ b i . e M . Foliowhig the taik~, which lasicd an 'iocr. I'mident Gmna sumrned up hh impresrions for hiTi. He said he had made the aupaintancc of a man of h f o d .nwners in ihe perron of W a l a whorn he ma for the fm 'ime. "Waicm ts an open politiciaq rcady for ail h d s of ooeration." The d w m e n t s for the summir arc prepiued and .<nr] remam i o be s g e d . It WU be the politiFians' task to wrk q.ut the d c W loi rhc implementaiian of the ayecmcnrr The 7res:dcnnal t a h w r e thus mady political gesIurcs. Homer, ~ P e y prwided opPonunitje's for the flanficarion of somc aremational issu- First of n 4 the Pnsidmti the ~iiuauon in the Cenual European rcgion Aoruirding io Yresident G o e n q rhe value of the regton W w u n FxrOric and the Swiet Union will inucast in Ihe near future.

The Prw Depamnmt of Romania's Prcridmey has releaszd a communique which [ta&

Mr Wriea Snegiir, Pruident of the 5SR of M o l d m pays' a At to Romaitia aci gues of Ru&*s President, Mr Ion iiieuu. The Prcsidmt of the SSR of Moldm had intemi- and talks with Romania's Prc4dmq Mr Ion IIim 4 t h the Romanian R u n e Minisier, Mr Pctre Rom* Mdl M m A l e Bklademu and Dan M+m, PrEsjdPnt and Speaker or the two chamkm of the parliamEnt.The talks wcrc attendcd by the wu countricp' Foreign Minine- M ~ s f f Nicolat Tau and Adrian Nastaw. LJ;& Mr M h Snegur made an addrcss to the nw chambers of Romania's parliament in a joint searinn.

Il was $ring the meetin@ that thcRomanian visif of the Moldovan P r c s i k war a ~ i c a n t moment in the setting up of the new reiatioiil Romani. and thc S R of Molcima, In the oontca of the amen[ politid d wonomic d d o m in @-of the m C I I ~ E S . The partja inlormod tach athm on the evoIuti01I of the political and wom;res in the wo h h sad the c h r t s

4 Apr 91 EEf1037 . SWh

Europcsn conhibution t0 i& n 0 d ninnin& or keeping the refugo~ fld undm conhol?

[Marlnis] 1 do not believc thai thert: will he much d e l q and a padrive &tu& t-P Hungary b ap- wirh cenain materhl hclp tm...

ï31 Iast representatlves of WTO military stnictiire leave Moscow Gen Michai Gondck, the Iast Czechoslmaic representatîve to the W a ~ w Trcaq organiration, leit M m on 28th Mar& in auuirdance with the agreement on winding up the nûlitary smiaurer of the Warsaw Treaty (Pmguc mdio 1730gmi 28Mar91). Maj-Gen Kostadinov of the Buigarian People's Amy, Bulgaria's permanent rqresmtarive at the W m w Treaiy Organisation, k i t Mo- on 30th March. He renounced hk auutarkd prrwen ar a meeting with hq General Petr Luehw, Gin< o l the Warsaw Pau Joint h e d Rrces, and Army GeneraI Vladimir Ln&, Warsaw P a a Chier of Staff (Safi home scMcc 1&W g m ~ 30 Mm 91).

rem* for thar niIncd 1iMI in the d t a d t J of CO-"&

ddaiodiip, for the niff* privations and h u t i o r y "

the UDF -s @ statement emph- It thar b r i d a hkh H o n d n ; "Kremlin's ocaipmtj ~ u l d g.my h&o"I in hh&m C4her IW vaEJalr h o hm twi mueh a h u t the m m t bmtd iritedeme in the lite of the

'%brother nations" in tht -cd "a carrrp." n e UDF $des with &'WC of th democratic Rusria opposition politicai for- asainst anangts by the USSR centml gmmment to d e irder-republican and interstate problmis by brule for- The UDF hopes that the rrub d m d c parties r u h g the individual republics wiii mon b m e irs part- in a fruithl international c~opetatio'~. . (BTA Ur knglirh 1515 p t 29 Mar 9 1)

161 Famer Bulgarian Interior blinister denies approacbing KGB over Ceorgi Markov (EEte'pt!) ... Today's [2Rh Match] 'Duma' quotes former h.fi&ter al the Intctior Dimitut St~yanm as denying the diegation contained

in Kalugin's kt&ew for Radio LiDtny. Stcyanov k is ts ; that he never approachcd h d r o p w and K r y u c h l ; ~ , the inc~rnbent KGB chief, about KGB help for hiarkogs

[ 4 ] e h a t i o n . ($TA in Ehglirh lSlSgmr 29 ,\ID P!) Albanian citizens rontinuing $0 cross i l l ~ l l y in'to --- YugosIavia ( k c r p i ) Some 20 people have aorsed the 1 /1 Yugoslav-Albanian border near the town of Drbar in the past

Bu lpr ia aboüsbes compuIsory currency exchange Tor CSFR citizen$ Buigana har aboiished the com~clsor,,

24 hours. In t a tthret days, 130, rnostly ethnic Macedonians, minimum =change 01 conveniole çurrenq for Czechodwzk

croswd the border n e u Debar. Tne Yu~odav authorities hsce ci[itehl visiting or rraveUuig through Bulgaria the hiiriarj of

becn detaining ihem for W hours, folio\t-kg which they hand F o r e Main has announ&. (Bmrislma 1630pr 2 &r 91)

thcm mer to Albanian borderguarck ar the Blato crosskg. h o n g the larest wave or refugees are those who have alreridy aosied into Yugoslawa and have bccn handcd back. They, as belurr, c d for f r ~ border ~oss ings berneen N o countries ... (Tmjug in ScrbCmm 1327pi 29 rClar 91)

(Ecccqr) Two hundrcd A l b a n i q m m young people, croased the Albanian-YugorIav border at Blaro near Debar this rnoming [3&h March]. The Albanians who nossed the border said rhat anoihtr 1,000 or so people were gathtred on the Albanian side, but that t hc j co<ld not rcach the Yugoslav side because of strong police and d t a r y for-. Amongw those who amved in Yugoslavia. thete were many who said t h y were former political p h n e r s and =me of [hem said that they had cmssed the border iiiegaIIy severai times... 'pMjU8 UT Scrbc-Cw 1539 gmt 30 Mm PI)

--- 15 J

Bulgmian opposition protesta at Sonet stakrnent about trials (Etccrp~] Buigma's most intluentiai opposition coalition, the U ~ o n of Democratic For- WF), protwed the Soviet Foreign Ministy sratmen1 released yesterday which desa-Ïbed the triab of former party and state chiers in the E& Europem arSocialist countrics as

" p e m t i o n or n o n a n f o d s . " The srarement w;lr,

considcrcd to&y'[29rh hfarch] at a s p e d meeting or ihc UDF Csordinating Cound UDF spokwrtan Mikhad Ncdclchcv said rhat the Cwrdinating C o u n d wnsidcrs ihc S k c t F o r c i p Minis tqs srxcmcnt u inrcrlcrcncc in Bulguia'i interna1 diah.

"Funhemorc, rhù u a &ui inwilt I o thc Iectingr or

[RI SIovaks deny Hunpnan reports tbat Gabcütovo und wotk has shrted (Erlc~r) In Siwakia the w ~ m u i o n of the U e d ' tenion C" of t h ë R ~ G f i c k o Y o ] - j e r -- siatinTGZ%~_thq~~mH~-nga~ag agreement. In this plan, th: waten OI the Danube -ytii k rcdirened to SFwak icrrirory

m m 01-a- and + ~ ~ e r a j ~ ~ g e & r I ? i n e s of the Gabmkwo poiuer station.. (Ru$u,ws~ home s e n k t I W L i p I 2 A p X - -

(Tu?) P r w t e r ] W'o!! tfie_,-qKrnent or theit Hl?garian parlner, the waters of the @ n ~ b e - d net be divcncd t o Slwak t h t o r y to operate the ~Rirbina ihe

[ ~ a b a ~ j iT5 ya~i?n. T h i$ what our repofier Evciyn Forro hemd this ev-- [ h d ApAj irom aurho*; SI& -- G w m e n i circleo.

Ferro] A J E ~ x ~ r y W e r of the MiBisrry o c F o O T W$?r-mnoÏrry said thai .the work-di fiq havehad dixussionr wit h their Hungarian_p@e'- A m * to prerÿninary pIam Fercne M d [phonetic], rcspamlle [or the Ciabikavo water b-c, and V Meciar, Slovak Head Gwernment, wiil be meeting in the second hall monh

Th5Slw;ili Deputy M i n h a , who today mcd lD be hy%--&ssîom wirh thc I+,w?bnol, * 1 h l g r e p a , ~ ! , i p ~ q e hand [or div*-F: ihc ~.mube to ~ l o v ~ tcmitory but he 9 e no rdmdddailr of ih~&lcnding;hé-&&iom i o ~ i Ra" thst Srnetvia[ or Fcrcnc M d hd &a& fldein*w ht ihc rnartcr cylicr, and the SIW& Md uom*

tbad donc no work w m t T , that ihy had net bcgun the of the c d &ch would divert rhe Danube ont0

Si& ta-&Oryry niqi werr, he aaid, pccparing for 'R' variatio~ ms GR' stand+ for ' m W e ' , the SI& -rd for '

ncpoiiaùm (i%&phomc ruMcr 1 4 0 0 ~ : S.4pr911 r rpa iby~v i l~ . r lnrep Iy towgueSr i~n

d o n . J_an .__-.. C a n i n s a i d it was prtnarily a i#bniFd It had already coUt Ka UbX but thc>epa~-d8iming-that 'the a imet ion of the pmcr station war di going on WC na ar aii m e . Currentiy thy w m opening the p e l pit, camplethg those wWruciio~&- aihidi the. H u e side had left u n t ~ h e d M'aWay &ou& It is a h mie Jan Carno&* Jaid that among rhe mmy one exka accordhg to which 'huy muid bufld 5ide a .da 4 out of ihc Danube, but th d a not mean the diversion a1 the bardm river. Still, whaimr is gohg to happen H u m Mt[ be notified about ir ... ( B u d q s ~ hame s r m i e 16W gmt SApr 91)

( E r c b p ~ ~ ) Foliowing his talks in Budapest on Thur&! [4fh ~ p r i ~ ] , Jan ÇM-I~~u*, Ilcputy Prime h ~ t e r or Ihc Slwak gwernmcnt, visiteci the counirjridc ro smdy the situationof SI& living in soulh+asr Hu m... Dixusions &O Liduded rhefm&tmaion of the %abckwo power plant. The Depuy Prime W r c r of the Slovak gmierkent =I% rhe cornpIttion, or niqcnsion, of the power pImt's construaion is nor a -rional a minDriry or men a p o l i i i d irsue but rathcr an ewnomic and nature proteciion but, most of dl, a rmanciai prabtem. The Slwak sidc has wvtral conccpriom ro solve thc pmbltm, but ncithcr one reckons wirh chanEing ihe bed a l the Danubc rivcr. (AIT in figlish 1652 p i SApr 91)

(TeriJ Fcrcne M a g Hungan'an Minister Wirhour Portfolio and gwernment co&ioner of the Nagmaros hydrc- cleffric dam uheme, heId unoffidal talks with SlovaL Prime Minbter Vladimir Meciar ,at Stary ~ r n o k w ~ on Sunday aftcrnoon, the hlidter's -taria( told Ml7 on Monday (8th bpnl]. Thc nrgotiating parties widimcd that the officimi t a

Yuld bc launchcd in Budapcsr on Z2nd Apd. I.WI in Engkh ,1401 gmr 8 Apr 91)

161 PolIsh orgaBisatioas protest against Ukr;iinian b t m e n l ot Lvov Archbishop vox) Trie Federation of Borderland müsh:Krq] O r g a n k t i 0 ~ hu protesrcd agaiPJt the Càn~Uation by the local suthoritics in Lvov oi the h@w into the Aiehfpiscopd, Othedral in Lvw or Archbishop h-larian J a w ~ ~ who ha4 bctn nominaicd by iht Holy Se. Thir cvem bas deeply hua Polirh pubüc'opinion and k being hierprctd as a su-c na of horliüty toumrds the Romm Catboli~ Church. the Polish nation and paninilarb in fclation tu tht Poüsh conununity in Lvw. Wc orpcfl ihat the statc auth;~;tiu 01 the Sovict Union wül make cffons to cnsurc thal the Poüsh population, which a5 a ~ C S U I I o l Sggrgrmion round IiscU in the bordcrs of the U s R dtcr 17th

,,.[Qudon] Would nar the bca solution & &a dl tri adopt the i%nprh nana and ~ n C d the Bgrcrmenr and hali aii the work.7

pmousek] ï h i s wuld b k ' t w ~ problrnis. Finr, (.dncclling the agw=rnent would m m crcscuig a 1-1 nhum lawicssnuf and it wouid be very difiimlt ro look for any

'soliin'on thm. Tne srond problem Is above di of ut cmlogid m . - . chvaacr and arÿrs becau= a _ers[ pan of the w o d ha bezn alrcady mncluded - above zll ar the Gzbckovo hydreprojm -

ierritory of ~zcdiollmd5a In f a ~ *,CO2 square U x C 1 ht most fenile x i ~ ~ t h e ~ t n v ~ s t I ~ ~ ~ ~ ë ~ d ~ ~ j ! ~ m+&-chqed Ly the Fonstruuon in s u c n ~ b t h a r IZ in faa impossible to c n q c [hem oact ro lncu ow s i i ~ c

IL-_ . T& creares èn-Ü%oiïi-ezoloacll h q t , 2boiEZU'bef ix -+- -- -----.

;hc nûao;hare a;is cnvlecd bcrc rc a i i 2e LT-,~= r - ---?- --

underground ~ t e r . Tntrtior- I :hIk th21 uxocl inar- - : - . : 4

usurnption th31 ndth di ihc ao;k is t t - c.5: wi:!:oa ? o r tht emIo@çiI point o i \<CA, is b ~ d o , r r .

, . ( Q I U h a i is in !or: :TA' me ><2: s,:::va :O [:A

compljuted siruation7

[A] ... 1 Ihi* tngt one o i 1% b s t c3i:i;s;.s couiG ki :s ebzndon the c u ~ m c i o n cii ; t e Xk?~~ ï r iS L y U * p i ~ i i ~ . a h i e prrhqr buiEing a l u ~ - ] ~ - . l c:k fc: nl;-igz;iqn of 5;-i?i.

ro chan:: iunLnca:+ th:: ""4 oi 1 k G ~ ' h " m o hyQ+ projecl, and IO adapt the conceTt of the enrire projcc; E O th" nt& of the cm-ten o i the regon, wirile th: cniire regon would be protead apku floods and crrJin u s wou!d bc made cf the potcririal for produ* cleariciy ...

[QI Mr h e m , the Hurqrim gwernmenr r n r a nole ro us yewerday protestq agairut Icrtingwzter rrr the c=nd al !:7c Gabàkwo projea. W a r is gohg to be the m e r [rom our

gwcrnmcnt? [A] The note has NO principal points. Tne fust poinr is

very positive - the Hungarian gwemment ecpr- its unlüngne55 and readincs to çontinuc wirh Funhcr t a k . In Tau i t &o mp- a certain radinineu to look for a cornpr~mk srance acvptabIe 10 b t h sides.

ihc w n d point is the waming agaihw tzkhg my unîlaicral aa'om - and it corniders 1ertL-q wter in the canal at the Gabnkwo projcs to be such an auion. This work u o f a tediriicaî diaraam, and 1 b c to point out that the attention of the Federal gwcmment war not dravm in advancf to the faa thai thir w o k war CO be carricd OUI ...

1 bclicve the +U that mter uar let Li the mai not PrmcM funhcr t a i b going &ad. Ir is en& rhst oncl the Fedcral gwmrrmr rnms dtc r its shcn h o l i & p i t

d- Ihb problcm. TC3 = J

CENTRAL EUROPE . ONE - EUROPE

Damning Evidence?

Alrnost 40 yeors ofter the first serious proposols for u~ ing the Danube os o source of hydroelectric power, the only lhing generoted by the Gabcikovo-Nagymoros borroge scheme it controversy. No

longer on ;nue o f Hungorion environmentalists and opposition againsr the porty-state (as repoFted on in several early issues o f EER), the 'dam question' is now between the Hungarion and Slovok

governrnents.

The originolproject idea (see mop on poge 78) was to rreote o 10-mile-long reservoir below Bratislava, a//owing woter from the Donube to be diverted ut Dunokiliti (Hungary) along o 10-mile

side-canal tu a power-station ut Golicikovo (Czechoslovokia); this in turn would have been con- nected by onother ide-cana/ to a second power-station at Nogymares (HvngaryJ, whore function was to enoble Cabcikovo to operate as o peok power p/ant. Whtn in 1989 the Hungarion govern- ment decidpd to end construction ot Nagymaros and Dunakiliti, the Slovok outhorities decided to

go ahead onywoy by comp/eting the reservoir on their side and converting Cabcikovo to o continu: ou3 operation station. To fiIl the reservoir and supply Gabcikovo with wafer would mean diverting the Donube unilaterolly 03 opposed to lointly (which w o ~ envisaged under rhé 1977 treuty, along

with the necessory border modifications). This is the now notorious 'C-option' due to corne into effect luter this p a r and which Iorms the basîs of the debrite for and agoinst Cabcikovo below.

Gabcikovo: the case for

A t [Ire bcgiiiiiing of 1989, politic;il resistaiice to tlie Huiigariaii governnieiit was uii tlie iiicrease. Activ- ists cliow Io focus oii tlie coiiini~iiiist goveGment's enviroiinieiitnl record,a weak point of ail theCentral Europenii regimes Hungariaii nationalists assaild tlie 'internaiioiialisii~' behiiid a11 loiig-term cpopera- tion arnonç socialist States. Tlie biggest of tliese projects, [lie Gabcikovo-Nagyninros dam, servcd as tliefocal~7~i1itforpiiblicdiscoiitciit. I t wasblamed for cliiiiiage to moiioiiiic, eiivimritliciital aiid iiatioiial iiitcrests rcgardlfss ot Ille facts.

Tlic Hiiiigariiiii piiblic, badly iiifurmed about tlir dani, grciil coriviricc~l tliat 11 typificd tlic fliiii's ot tlie socialist syçicrii. A scrics of deiiiciristratioiis agairist the socialist soiceriiiriciit to stop coiistnicticiii begaii iii May 19S9 Wticii tlic regiiiie colliipsed, tlie neiv 1;zveriiiiiciit ivas cspcially ivary of supportinç a yrojeçt tlie y~iblic associatcd ii'itli tlze past.

i-iurignriaii aciit isks assiinied ilzat tlie~r co~iiitcr-* parts iii Czcrlioslounkia ivould linlt tlicir lialf of ilit

prqect once [bey caiiie to porver. Tney munted on international rnovements, such as Greenpeace and Eurocliain [a gmup of over 4M) environmentalists from Hungary, Slovakia and Austria], to cuuperak witli tlie Hungarian niedia and turn public opinion among Hunganan Slovaks against the dam. Putthg a siop to tlie prolect, tliey figured, would just k a qiic~tiotiof tirnc.Tlicy dtd iiot put mucliefiort, tlirre- fore, into fi~iding a constructive solutioii.

Tlic stroiigcst phyer oii tlie Huiigari~n side was tlic nationalrst ecolugical ino\.eniciit D~iiin Kvr (Dan- ubelircle). Tliciraiiii was iioi (aiid is not) tosearclr for tlie bcst eiiviroiiiiiciitnl aiid ccuiioniic solritiuii, but r;itlie~ Io stop tlie ciiiiipletiuii of tlic liani, to darnngc the Czeclioslovak - arid cspccinlEy tlir Çlovak - econuiriy, aiid to cxaccrlx~tc tlic coiitrovers~ kLi\~vii boili Sluiiiksa~id I-luiigiriaiisaii11Slovi1lisi1i1~1C~~~11::. I l i tlris uiisliible pliticnl niid ecoiiuiiiicsitu.atioi iiicy c ~ u l d Lietter pursue tlitr prilic>l of autotiomy for Miiii-

garian miiiorities and, later, the rcstoration uf tlie

l Iuiigariari Eiiipire. Tliisstr;itegy fit5in with tlreprocla-

rnatiriiis of leading Hiingnriaii po1it1- ciatis Niit I ~ i i i ~a f t c r l i cb~mn ic I Itriign- ry sdcmncrriticnlly-clcctcd prinic iiiiii- rstcr iii spring 1590. Jo-rsef Antrill pro- cIairned that heconsidered hiniwlf tlic leader of 15 million Hungariaiis (of whomonly60percentlivein Hungary),' wliilc tlie ministcr oldcfcncc lia., nicirc reccntIy said ihat he would protecl tlie interests of Hungarians living outside tlie republic.

Dunng the disastrous f lmding of 1965, about 100,000 square hectares of land-ln ~~~~~~~were inundated and morethan lO,W0hornesdamag~d The costs of repair came Io several billron mwns.Ttiiscatastrophe,on theçlovak srde of the Danube, mirrored a similar disasier on the Hungarianside in 1954 It was the inhabrtants of thee territo- ries who asked their govemmcnlç to prevent future flods

Tlie shipping industry also souglit help.Thcpariof theDanube that forms i1ic frontier betwccn tlic hvocoiiti trivh, frnm Bratislava to Sturovo, is unstablc and is nlmost as dangerous as i l ic part scparatiiig Yiignîislauia and Rrininiiin. Tlic brriiksaresIialloiv, risiiigns littlcas 9 centimehes per kilomche i n sonie

i areas Loose grave1 and sand form sliiftiiig banks aiid fords, maktiig thc iinvigable pnrt of tlic rivcr botli \liai- Iriwcr and narrowcr (on aifcrnge it is only 1 2 102 meters deep).Tlie Danube Coinmission l b d y establishcd in 1948

whowmnii i coiicern is w i t l i n ~ v i ~ t i r i n along tlze river] therefore decide~i to hiid n way tocnsureauniforn~cicptliof 3 5 rncters.

I'rt3blenis in tlic Czculroslc~vnk en- crgy indiistry rilso play~xi a rulc. I-lac- iiessing tlie D ~ n u b e would doublcSlo- vnkia's liydroelectric poteiitial, tlius reducing dcpendence oii ecologically- dnmagitig ~ i i i r ccs rif ciicrgy siicli 0%

tIicmnlpower-staticiii~.TheCnbcikuvu prolect wouldsecurestnbleproduciinn of about three bilIion kilowatt Iiourç, Nagymnros would provide Huiignry wit l i about otie_billioii kW

Finiilly, Gnbcikovo prornised to improve the qiiality of l ife in other ar- eas. I t would create çonvenient facili- 1 1 6 for waier sports I t wotild ensurc more relinble supplies of drinkiiig wa- ter and, througli a sophisticated series of canals, would improve irrigation for forests and farnis now dependçrit on the river's iinpredictahle patli

Every big projeci Iws its n w i i v e effccts for tlie eiivironment I t is iieces- sary, tlicrcfrirc, to mcasiirc tlicin aiiil weipli tliciii againçt the expcctc~l bcii- cfits Aii cvpcrt s ~iib is nicrcly to dricu- riicnt tlic risks, p\ t i t ic ia i i~ iii~i>L ~iir l j ic wlictlicr xrciciy'b giiiiis arc ii tirIli tlic ecologicnl losses

Tlie Cabcikovo dam woiild Iinve tlie following four malor eiiviroiiiiicii- ta1 sidc-cffccts

1 Destruction of ngricultural aiid forested land in building tliccniial Tlie damage here has already been dorie.

Stopping tl>nstnictrnn of ihe dam wi l l not Liring bnck tlic land alrendy Iost.

2. A rcductinn in groiiiid watcr lev- cls Iii fact, t~icwatçrlevclslinuld riscat tlic iippcr part of Zitiiy Island [the cliniii~cl iiitci wliicli ihc Daii~ibe iç ru be divcrtedl Tlic Iower part, aIready Iicavily salinsttid, wiIlberinsedcleaner by tlie Iiigher wiiter level. Moreover, tlic ri;itiirnl tribiitnricci, alrcariy dryiiis uy, will be replaccd by artificinl wii i- tary cnnals. mie projeci wil l theretore provide the area's florii with more wa- ter tlian tliey now refeive; the water wil! also be Iess SAIT. Of coiirsc, the p r o j e wilI in places keep water from flowingfreely andblock theheemigra- tioli of wildlife. Biit !lie prolecl's de- sigiiers Iinve consulied wit l i ecologists in theliopeof minimizingdamage. I t LS also hoped tlint thecrea tronafa reliable supply of water for the wildlife is a fom of cornpetisation

3. Socio-environmenial damage PoEiticiaiis first conccived o f the Gabcikovo projcct ai tlie bctiest of tl ie iiilinbitarils ot tIic Daiiiibe hasrii, ivlio sciiiglit 10 proiect tlzcir land anci im- provc the ~ n n n m i c coriditioiis of the rcgioli Tliv l(ic,il pi>p~~Iaticii~, u ~ i ~ l ~ ~ t l i c iiifliiciiircrif t~irlbiGisc%i ltiiiiig.lrinii rnass rncdia, hasoiily rcceiitly begun toresist the prolect. Tlie rcsidents liave falleri for spccious clsiniç tliat the dam i5 not hiiilt rvcll ctioiigli icr rvithstnnd cartii- q i ~ a k s , soilie even belreve tliat is built oi i a largescnlespecifically to 'ivipeout theHuiigarian rniiiority'

1910-1987 1910 - Appearance of the first plans for utilizing the

Danube as a source of hydroelectric power. October 1950 -At a meeting of the Hungarian Acacl- emy of Sciences, Professor Emil Mosonyi (Hydroelec- tric Planning Office) suggests making contact w i th the Czechoslovak authorities to examine the possi- bilities of constructing a joint power project dong the Danube. (Fortheminutesof ameeting held on 18 April 1953 and chaired by Deputy Prime Minister Erna tero, reviewing initial progress made by the two sides and showing their awareness even at this stage of the environmental hazards, see EERYol1 No 3.)

1958-A joint Czechoslovak-Hungarian cornmittee of experts recornmends building a systern of two dams, the upper one using an elevated sïde-canal.

1963 - Econornic cornmittees representing the two governrnents approve the twin-dam rnodei. Dead- line for cornpletion: 1975.

1954-73 - Different project schemes submitted.

15 September 1977-lanos Kadar and Gustav Husak, leaders of the Hungarian and Cserhoslovakcommu- nist parties respectiveiy, announce the decision 20 proceed wi th construction.

16 September 1977 - Czechoslovak Prime Minister Lubomir Strougal and Hungarian Prime Minister Cyorgy Lazar in Budapest sign the international treaty on Zhe construction and operation of the Cabrikovo-Nagymaros water barrage systern. Dead- line for cornpletion: 1985-90.

September 1981 - Fottowing criticism trorn various international gatherings of professional engineers and biotogists, an agreement is reached with the Czechoslovak government temporarily halting con- struction work on their side (which is considerably further advanced than on the Hungarian side).

November 1981 - An article strongly critical of the project is published in Vaiosag (a monthly review of the social sciences), written by Jiinor Vargha.

10 October 1983 -5trouqal and Lazarsign a protocol to the original treaty confirming continuation of the

Diagram of the Gabcikovo-Nagymaror project

Tliese claims defy al1 logic. Scien- "tific testshavedemonstrated thedam's

streiigtti. Wllat defects exist wilF be cl i i i i i i iatd iii t i~i icaiid nicariwliiIcpuse 110 tlircat tu the popul~tion. Tlie claiins nlso ignore tlie benefits tlie region lias a l r~ady eiijoycd frorii ilie project. For oiie tliriig, tlic iecliiiical irifrastmcture of tlie regioii lias begun to improve, wliich rvill allow for the fuhre devcl- oprnciii of tlicrcgiotiasa Iiolidiiy resort arid r\,lircli ivi l l ilierefore cteate local lobs. Tlie regioii lias ari excellerit oppor- tunity for rapid development.

4. A reduction in :he rate of water flow in the so-called 'old river bed'. This is one of the major side-effects of

the dam However, building a 'delay dcvice' wil l achzally increase tlre florv of deeper l ~ye rs rrf tlic river Tlicrc, decpcr (niid clciiiicr) paris of tiic rivcr wil l be siplioned off i i ito tlie grciund water system. The top, more polluted, lnyer of tlic river i v i l l bcdraivri driivii a brnricli of tlic Siiinll Dniiubc [tiiic of several naturalcliniinelsiiito whicli tlie Danube breaks beloiv Bratisla~al, wliicli is furilier downstrcarn. Tlierc i s a tlieoreticiil possibrlrty ilint, wlien the water is warm, organic polluta~its i v i l l adhere io the sofi, driftiiig part of tlie river bottom and thecefore enter the section of the river drawn for drinking waier. This is unlikely to happen,

Iiuwcvcr,b~~ausc:n)ww~al;ctrcaliiiciit plants w i l l be instal ld beween resi- dential and industrial areas and tlic Jclnyiii~dcvicc; b) Ilicavcmgedclayuf tlie waterwill besliort,notallowingtlic orgaiiic pollutants thar get through the Iarrnb t r i srttlc; cl tlic rivcr's natural fliiw rtiuliizc - liigli in tlic summcr, lower i n the aukumn and wiiites - will workagainsi theprms.For, when !Ira river is warm, organic pollutants will not be able iosink low enough toreacli tlie river bottom, while rvhen it is low, the water will be tm cold to allow tiie bonding to ocfur; d) a series of canal5 w i l I d i ~ e i t thé hi$% paris of tlie river away frorn sources of drinking wnier.

Tlie Daiiube river is, in aiiy case, nlready heavily polluted in parts. But tlieGabcikovodam iuill iioi iidd to tliis pollutiriii. Experts froni tlie Anicricaii criiistriictiuii firiti Berlitel Eirviruiiiiicri- In1 aiicl lhe Çaiiadiaii firin I-lydru Que- h c reccritly caiiic t r i tlic saiiic criiiclii- siwii tluL IlicCzc.clicislrivnk'iIiavc:gi\~cn t1ic pr~*;7iiti0ils b~ i i l t i i i lo tlic p r l j ~ c l , Gnbcikiivri r\.ill iint ciiusc a i i ciiviriiii- nicrita! cat;islrtiptic bu1 i t i fnci ivi l l iiii- prwvc tlicprcsc~it coiidi tioii ri( tlicrivcr. Tlie ciiviruririie~ital riçks r i f biiildiii; aiid risiiig Cabciko\,ri arc siiiallcr t t i ~ t i cxpc~tcd.TEicrcis iioiicccl I c i fv;ii.cuccs- sivc ci ivir~ii imi~iital daimgr.

Tilt nirilioi ir n iiiiiri!igPr ojF-/iiiz~*lrii~. tlic Sk~z,nk stol? c i i i ~ s t i irctioii jii.iii , l i lri ldirig Gnliciko:co

project. Deadline for completion: 1995. 20 Decernber 1983 - Council of the Hungarian Acad-

erny of Sciences cornpletes iîs report calling for a halt to construction pending investigation of environ- mental,repercussions.

27 January 1984 - Nucleus of the Danube Circle (Duna Kor), an unofficial pressure group opposed t o the project, formed.

Spring 1984 - Crowing public concern in Hungaiy over thc elfects of the dam expressed in university clubs and simitar fora.

December 1984 - Protests by Austrjan environmen- talists force the Austrian governrnent ta rance1 the hydroelectric power station planned at Hainburg (a project very sirnilar to the Gabcikovo-Nagymaros one). There are official protests against Hainburg'on the Czechoslovak side as well.

Summer 1985 - lgnoring protests, Hungarian au- thorities step u p their propaganda campaign in fa- vour of the project and reaffirm that work wilt con- tinue.

9 October 1985 - The Danube Circle is awarded the afterniitive Nobel Prize.

30 January 1985-A request for a referen'dum on the

Nagymaros part o f the project signed by over 2500 people Es presented to the Hungarian authorities.

8 February 1986 -A proiest march along the Danube organited by the Danube Circle is prevented from taking place by the Hungarian police.

16-30 April 1986 - Hungarian intellectuals take oui a full-page advertise,ment in Die Presse (Viennese daily) protesting against the project and, in particular, Austrian financing of it.

28 May 1986 - Hungarian and Aurlrliin companlc~ sign fourro?tracts by which Austria will both finance and execute the bulk of construction work a t Nagymaros in returnforelectricity deliveries starting in 1996.

August 1987- lgnoring international actions against the project, the Hungarian and Czerhoslovak gov- ernments sign a statement pledging to speed up construction.

19sii 4 September-A conference organized by the World

Wildlife Fund and the Danube Circle i o assess the ecological impact of the project is allowed t o take place by the Hunqarian authorities,

Cabcikovo: the case against . J u n i ~ VASARHILYI ~riiiscrvaticiiirsts, niid t i i fiirtlicr tliis iilimcrolis eiioiigli tn iiinke iis forget

prticms ttic ticwslcttcr t i f tlic D~ i i ubc abo~if tiicprrijcct forcvcr. Aiid siiicc tlie I f p u , rrader, wotild likc tn ki i t iw tllr Circle coiztniiieci a suniiiinry iirit only inajority of Hungnry's water resoiirces na1 background of tIie protes1 iigaiiist in Westerii Iniiguages but iii Slrivnk as corne from withinan international wa- the Giikikovo-Niigymar- systcili of wc[l.TlieRp~rubeCirclcalsii ttarisla tcd t ~ r bnsiii, siicli tlint tlic nvailability niid hydroelectric power-statioiis, tIic fat- important documents irito Sluvak to qiiality of olir waier is deteriiiirid by ing a~tiçle stands in nwci: of soilie air- eiisum acres5 tu and promote Hie flow our neiglibours, Hi i~ igary lias good rcictirin. The public opposition ap i i l s t of arnoiig tlic nations fac- reasoii to worry aboiit tlieorigiiisofits tlie pro~ect gues back furtlicr tIifii1 Dr inga cornmon ccological dnngcr. wiiter. As do Slovaks, Iriy tlic way. Binder's memory. For, efter i i i i ~ n ~ e r Far fmm belzig niitionalistic, the Dr Binder's article does iiat ad- ofwientificarticls- including some i n Danube Circle was i n tn i t l i tlie very quately iiddress the problems created whiclr Slovakscientists drewattention opposite. Many time~,tlieCircle'sIcad- by the construction of a n elevated and tri t l icproblcmsr~ft l ictwii i -dam~l~~~~~c i l lg figitn.s rcpc.ntcd t l i ï~t ciivirriiinicii- iiixiilatcd cntinl iiito wliicli tlic D~ i i i i Iw h i ! L O ! - pii]lillr(iii k i i i iws- i~i i Lwi Jc15,-tti.1~ yrtiticr ivill bc dlvc1.2c~l. h i t ~ I i ~ i i II is scmiiial P p e r oii ille topic was piib- t hoe endanpied liaire to work on l iard fur aiiyane iosirnubte tlie speOal lislied 111 V~nluwx (a jouninl addwssi~ig conimon grotinds Tlie accusation mrnplexity aiiddyliamicbnlanceof tlie social aiid economic ~ s s i i a l by Inilos miglitstsnd oiily i fanecoiistnid coni- Danubinn ecosystem, smce no liydro- Varglrn iii 1981 that did niiicli to popu- pletion of tiie dam as a na t i~ i i in l electric power stii tions arouiid tlie lnrize tlip rlebnte. acliieverneii t pcr se, streiigtliciiiiig worlcisecni tofuiictton iii tlie predicted

Tiiicv years Inter, iii 1984, tIrc n~ii- Slrivnk scparotisrn aiid i~idcpciidciicc, wriy. Iii tliis respect, al1 siicli nindels iibc Circlc ibnas cstnblislic~i i i r i~ lc r - ~ i i i t l/iiit wc i i i ~~ j bc iioticiiinii*tic iiiisiisc say more abou t ivlicri tlicy wcrc de- ~ r o ~ i i i ~ i (iiimiiiiig tliai ii d id iiot rcgis- .fa ~ r ~ , l w t pwvioubly sccii os eiivirtiii- sigiicd tliaii tlicy d r ~ about [lie possihlc ter ivitli tlic alitlioritics). It 15 trite tliat iiiciitally tlircntciii~ig. Neitlicr FI t i~ i - cmlcigiciiiiiiip~ct SriDr Uiiidcr'sclaims 'the ailil 1\'AS tel 5ttlt7 ~0111pI~tlr~ll Of t h g ; ~ ~ ~ ~ 1 P~~~,~~CI;II~S, IIOI nctlvihth, nnr -Ili5 ' ~ i i l i k ~ l y ' i ~ i i d 'IIOPCII-for' C ~ ~ C C ~ S - iiam', biit iicvcr, for riiic i i i i ~ l i i ~ i i t i'll tiiciilt>cn tif !tic Daiitibc Çirclc, iicir arc i i i l t trirriigli I c i craw ~ l i i i i b t ~ abtiiit i i i i i ir i i inli~iirgr~)l1~11~~ 1 lip,li]y i c h c l a ' ~ lcll t,ilicr ctiiis~.rv;i~iriiii\t~ cvcr aiiiicd ,it I iic c. i i i~ i r r i i i r i7c1i l~ 1 >n fcty rif Flic Slrivnk a~i1liiii-s aiid n~~ i~ l c i i i i c s a:, wcll çrlll'illls Jri]lingc t~ t l i ~ C/CC~?~IIIIIVO~ G ~ l w i k ~ i ~ t ~ ~ i ~ i i i ~ i i llic part of i l icCci~- o5 ciivirciii~irciitallsth wcrc oiir part- Krll,c,l,ly; thcy ~ i i l y r~i i i i tcd tiiit tlic tral nrici Eastcrri Eiircip~nii ctiiiscrvn- 1 t l i l ciaiiiagc tlic dam ikbclf ct~i i ld ca~i5cl tiriiiists or pripiilnticiii Givcii sricli ~ i t i - aiid dciiiciiictraiiiiji apliiist t l i i i ri~aitci- 5 i i i f i t i c I i i r i a l s i f ccrtairity, grciit cniitiuii i:. ritic. [By !lie rlriii of ci i i i i l i i i l i i l~t i~lcrilrigy. l i l l ~ g ~ ~ r - ~ l i c nff,lir prchcij id Iiy Ur Bii i~icr. As ivny, riii yciii s i i l l rciiicirilicr tlic Party 1 1 ' 1 1 r t ' 1 fiir tlic Ujiirilie jtself, 1 ppcrsoiially pre- statc. systciii? Q Wliat is socialisiii? A. of rcbpcrt for tIrosc. 1vli0 t<i[)h l.lV,cr fer i]ie <~rigilia] i\ride, living, stroilg, Tliesolutioii of probleins wlricli ivoiild ri& iii tIie l e s tolerant alid nitirc [ip- bciiritifiil river - yes, tlie '$0-callcd old ritlicnviçc iiot liaire;iriseti 1 p ~ s > i v c conirnuiiist rcginic i r i iicigli- river bed' - tIlls urga~iisin grlaraiitccrl Yctit irduiv~iriglitiriislendiiigoi Dr hfitiriiig fi~cliusluvakia Tlicrc il1 usby iriteriintioiial agreeiiiciii aso~icrif Ui~idcr ioiiicludennioi~gliisl~st otpo5i- fact ail e rer -d~pe i i i i ig d i~ logue be- H u n g , ~ ' ~ borders, to A reekirig tiioor- tive cotiseilileiices of tlie project siich t weeii Sloifak a n d Hu i igarian laiid T]ic ccrilri~rcnl rtsks nrc rciil oiid itciiis os fliicid protcctrtiri, irtipsriird

12 September-Flnt massdemonstration in Hungary Minirter Miklos Nemeth three days earlier, the Hun- against the project, w i th over 30,000 participants. garian governrnent announces a two-month rnora-

13 September-Reportby an ad hoccommitteeof,the toriurn on construction of the Nagymaros dam (now Hungarian Arademy of Sciences advocates suspend- about 30 per cent complete). ing -and eventually abandoning - ronstruction of the 24 May - Hungarian and Cze~hoslovak prime rninis- dam at Nagymaros. terr meeting in Prague fail to reach an agreement on

6-7 October - First Hungarian parliamentary debate amending the project which the Crechoslovak side on Gabcikovo-Nagymaros. Under pressure from the insists is to be rompleted arcording to the terms of government and comrnunist Party, MPs vote in fa- the original treaty. vour of proceeding with construction but on condi- 20 lu ly - The Hungarian government extends the tian that ecological requirementsare met before the moratorium on construction a t Nagymaros unt i l31' scheme is put into operation. October. At the same time, it also decides against

allowing diversion of the Danube into the new canal 1989 built on Slovak territory, thereby preventing the

6 Februaiy-Deputy prime rninirters of the two states filling-up of the 10-mile-long Dunakiliti-Hrusovreser- sign another protocot (unpublished) on acrelerating voir supposed to have been the main source of water' constmrtion. for the Cabcikovo hydroelectric plant.

27 Februa~y - Hungarian independent environmen- 18 August - Official note of protest from the Czecho- ta1 groups deposit more than 140,000 signatures slovak ministry of foreign affairs threatenr to de- with the governmentcalling for a referendum on the mand i i ie equiviilent of some 52 billion in compenw- Nagyrnaros part of the project (by November, this Zion. nurnber has risen ta 180,000). 31 August- Letterfrom the Czechosloviik prime min-

13 May - Following a very critical speech by Prime isterwhich rejects the Hungariiin position and for the

navifi"tion and plans to build sewnge trmtmvtit plants TlicSlnvnk as wcll as tbc Hriiignrwii pciprilaiiun isentitlcd to proteciioii froiii flonds, iinprnved navigationaiidsrwageheatmeiit plantç witlinut havinga set of ecolog~cal risks zmposed upon them III exchange. The Danube Commissioii must work i i i ac- ~irdancewitli tlie Daiiubian Basin Eco- logical Convcnticin - wliicli estnblishes m-ordinated programmes for moni- toring the state of tlie environment in th~Danubebas~n,onwhich italsopub lishesreprts- to find upto-dateways to ensure that the twlinology sited by mankindin iIieDiinubehsin does not endanger liiiman Iiraltli andsafety,air, water, mil, climatc, landscape, hm, fauna and liviiig cornmuniiies, inciud- ing tlreir biologicaldiversi\y and poçsi- ble bio-indicatnrs. 1 do noi believe tliat a cost-benrht analysis mnductcd in tcrmsof the damagcdnne t c i the nbave set against gains for the taxpayer will yield a positive outcorne.

Wliat aw tlie main dniigers? Ac- rording to tlie document preparerl for the negotiations betweeii tlie govern- men& of the HunFrian Republic aiid theCrechandSlovakFederal Repiiblic on 22April1991, bascid on fiie r~scr7rch reports and position papers of tlic Hungarian Academy of Scieilces , 'the environmental and ecological impact of the operation of the Gabcikovo dam will beaffected prirnarily by tlie hydro- logicalsituntion, theliydraulicchnnges, and the pollution rate of the water.The correlation of these factors are super- imposing and synergie, and therefore

cnn be tlie source of fiirtlier, as yct ii~ikiiowii, ctirrclatit~ii~ '

Tlie grcntcst daiigcr (ln accoriiit of tlie decrenscll rate of water Dow 1s

ecitropliiza tion.Thismeaiis tliat theself- cleaning capacity ot tlic river will siif- fer, leading to dangernus anacrobic degradatioii of both tlie water and soi1 and resulting in the formation of a car- cinogenic iiidiistrial slcidgc, the bio- lngical fil ter system on the surface wrll also be liamed. In this way, pollutants cauld destroy the entire aquifer of a 10 km stretch contnining tlie drinking w~terformillionsof~nliabitantsinboth Hungary and Slova kra. -No promisecl iniprovemcntç to tlie 'qunlity of life in 0 t h arcas', i.e water sports aiid 'reii- able supply of cfrinkiiig wiiter', wiI1 compensate tlieçe thirsty pmple.

A secoiid sct of dangersarises froni tlie sinkiiig of ground water levelç caliçing sodiciition, a decmnse of agrl- cultural input RS well as il diminiçlied water siipply for ripanan forests

Tlien tlie alteratiuii of tlie hydrody- iianiicm~zditionswill bringabuutdete- rioration of tlie ecosystem. in partic~i- Iar, land ecosystems iuill be cut off nnd a muItihideofgenevariaiits destroyed cirice and for all. at tlie same trrne tlie artihcid wntcrsiipply ~ystciiisiv~lllwvc ne~ative efferts oii the reprodiictioii of - plants aiid anirnals, especinlly the fisli popiilation

And tcxirth, in t\ic absence of ;i propcrgcological siirvey, the ability of tlie canal to witlistand an earthquaike cannot be assumed eitlier.

AfLer Rio, we linve tn pii t an end to

the uncontrolled production and con- . $~irriptinii of cnergy Instcnd, atl nf 11s sliould lenrn nbou t encrgy cfficiciicy, ail envrronmentally suund and mi- nomically profitable solution which offersnnenormouspotentialinEastern Europe This iç tlie tme answer to our problems, and we have to sliarc inlrir- mation, regionally as well as globally, abniit such a potential.

Instead, Dr Blnder argues that ef- forts to protect the greatest and shll unpolluted water reservoir of Central and Eastern Europe were intendecl '+O

damage the Czechoslovak - and npe- cially rheslovnk-economy'.Thilisnot reasoiiinginany tmesenseoftheword, invuking either logic or emdition; i t is simply demagogy and name-calling. Precisely tlie s r n e kind of 'reasoning' was iised in Aesop's kale of the wnlf standing upçtream towards the lamb dowostream Along any river Hime peopIemust liveduwnstreamofothefi and tliusit is theirgeograpliic~lposition and not ilietr nationality which dctcr- mines iheir stance. Of course, liad it b ~ e n possiblr to

clinnge tlie florv of rivers accordiiig Io tlie comrnunist ideology thai nun can orrercome nature, perliaps Dr Binder ivoiild be worrying about the liealthof Slovak cliildren downstream. For mmy part, in al1 cases I would rather work with nahire.

-

Tt~ç nirtlioi is b~rrctor of t l ~ c Iitdfpei~dent Ecologicol Centre iir Bridn!icst

first tirne outlines the so-called 'C-option', by which waterfrom the Danubewould beunilaterally diverted to Gabcikovo.

1 September - Hungarian government responds, jus- tifying its decision to suspend work and warning the Czechoslovak side that going ahead with its plans might resultin thedeterlaration of relations between the two countries.

22 Septernber - Hungarian government decides to end work a t Nagymaros: this means that the power- station at Gabcikovo will have to operate continu- ourly rather than supply energy during peak hours only, as originally intended.

1'1 October - Meeting between Nemeth and Czecho- slovak Prime Minster Ladislau Adamec which failr to resolve disagreements over the future of the project.

31 October - Hungarian parliament passer a rerolu- tion authorizing the government t~ renegotiate ihp 1977 treaty, guided by 'an ecological approach, sofid sclcntillc iliidlrigr aiirl prlorlty of iiall(iiial Inlcrcrts'.

30 November - Hungarian Ministry of Foreign Affairs submits a proposal modifying the 1977 treaty. Ac- cording to the proposal, bath partles would aqree to

the ending of work on the second dam (Nagyrnaros). though the reservoir at Dunakiliti could be com- pleted and the power-station at Gabcikovo opened subject t8 an environmental risk-study. The ~ i e c h o - slovak side never Forrnallv resuonds to this proposal.

16 December - ~ollowing the'changed politic~con- ditions In Czechoslovakia, over 2000 mernbers of independent Czech and Slovak organizatiorn hdd a demonslration at Gabcikovo.

1990 12 January- In a visit to Budapest, new Crechoslovak

Foreign Minister Jiri Dienstbier dissociates the new government from the 'gigantomanic' policies of its predecessor, though both sides agree to await the outcornes of free elertions before taking any irrevo- cable steps.

5 February-international protest agalnst the prolect in the form of a human chain form Hainburg to Kuiiiaroiii/Koiiiarrio nri llic Hiirignrlori-Crechosfo- vak border.

22 May - In its programme, the new Hungarian gov- ernmcntsays It'dlsa~provesof thc complctlon of thc

Water under the bridge, or How can conflicts be solved? Groncv Cscrei.~ trust is lackiii);, ilinsi: on niiesidc wil l AND ANTAL ORKCNY not see why tliose on tlie otlier caiiiiot

uiidefitniid ~ r i l i ~ t tlicy und~rstni id so At a crin fercnce iii Bcidnpest i r i ail- ç~mrly, ~ l , i ~ is followed by t)losc i l in in 1491 on ~ r o i l i o t i i i g a raF- tiiatotlierçidenotund~irçtandiizgwliy prciclrement in 510vak-Hungariali re- t]ielr partners don't understniid Iatinns, we annlyscd the sfibjcct m i n g positioii but iliese two steps olily a conlunction of poli tical t l i eo r~ and mver tlicplienomenological problems social psychology, p r l n l a r i l ~ w l i l i o f cornrnunica tion, w h i cl i are view 10 t h e r a ~ ~ . Our basic a ~ ~ ~ ~ ~ ~ l ~ ontologicized as soon as tlie question- was thnt the same principlescoiild be marks turii irito exclamation-marks a p ~ l i e d ~ o ~ ~ ~ g a ~ ~ a n - S ~ ~ ~ a ~ ~ e l a ' l ~ ~ ~ and botli sides shrt-to express tIieir as-to the inkgration of various social indignation [bat tlie otlier Is belli un. grouPs. We developed this furtlier at abl,,ndunwilling tou~ide~stand.Tliis the continuation of tlre conferencc in 1, tlic dialogue of illc dent, and Bratislava in March 1992, examiiiiiig know wliere iliis leadS. communicatioii and understandiiig çonclusion: trust ln the posslbil- betweennatioiis T1ieexam~leweto~k i ty of mu tiiiil iinderstandiiig sliould was the joint Danube projectbetween b, su~peiided, tlie two countries. We sliould stress that we have no expertisein the tech- 2 Triistiriilre~iossil~ility ~ ~ E o ~ ~ I I I I I ~ ~ I I ~ ~ ~ I I ? ~ . nical, environmental, or otlier suc11 Trusr in the possib111ty of understand- aspects of the ~roject . Weare merely i i ig is a neccssnry but iiot siifficlciit

1t ail examPie to illustrate coiidjtiori for trust iii tlic pos~ibi l i ty uf I iow communication prOb1erns mmni~inicating.ObçtacIes to tliiçtruçt aggravat~politica~,cultura1ornationa~ iake tlie fornr of bp]icf tllat coniltcts. there is no sii~table place wliere coiii-

munication can occur, or tliat eileii i f 1.Trii~tiiit11cpissiIirliiyofiritricrstnrrdii1,~ co,n,,ln,c,tinti ivere posslblc, ilie Communication maY be tliwarted riglib pnriticrs arc lackiiig, cir tliat it is

(rom t l l e v e r ~ sbart, or mJY bccc'mc a tlic wrtjiiF t i~ i i c 11111~ (CIIIICT tao carIy iirontilugue, i f ciilicr bide doc5 i i i i t ,,, t,,, latc), belicve that tlie other is capable uf ~ ~ ~ ~ l ~ ~ i ~ ~ . COmnlUnlCatlorl niust iinderstanding the problem. If this be malntalnd contlnuousiy

3 TI~cot iui i t f l i i i rcco~l~~' i l i ,~)~ trnt~sj)r~~rohorl~. Renign transforma tioiis occur whcn

tiic playcrs recogiiize tlie ir i tcrrcl~ted ccinipl~xity of ilie facts in tlie conflict but treat the differcnt cornponenkas intercliangeable in discussioii In tlie dam delia te, eiiviroiiniciitnl argu- ments are answered wi i I i energy ar- guments whicli are countered with points concerning international law, and so on No one is forced to pursue tlw argument to lis finisli.

Coiiclusion the debate must be conducted on one level at a time

4.Tlienwidoirccofi1rnl1g11 tmiisfnniintioiis Malign transformations occur wiien factual aspects of theanalysisaresub- ordiiiated ta or tutally replaced by . . ide?logical viewpoints. Tliis Iinppeiis when tlie unfamiliar is represented as an accepted tact. Take, for example, 'tlie niassive driiikiiig-ivnter rcscrvcs oftlicS~.igctkoz' Accordiiiç to'cxpert Hcingarian opinioii', i f the project is completed tliese reservrs ~ f i l l bc used to supply ii large p i r t of Çlovakia Biit i f tliey are so large, ivl iy ivoii't soiiie reiiiaiii for Hiingnry?

Tlilis tlieiiiost riiiioccii t differeiice~, tvliicli ct>~ild be ovcrcni?ie t l ~ r ~ ~ l i ~ h cliipiricnl riicnsiirciiictit, bccririic beys to loyalty and identity Tlie poriit i t reaclieci wlien tlieattcmpt to bring tlie

' powerstation atBos (Gabcikovo) andwitl starl restor- rejected by the Slovak side, which argues that con- ing the site a t Nagymaros as soon as possible. It will struction is nearto completionand that it h a s investecl al50 initiate negotiations with the new Czechoslovak the equivalent of several hundred million dollars government cancerning restoration OF the status quo already in a scheme i t expects to yield 10 per cent of ante and the mutual sharing of damages'. i ts total energy needs.

28 August - Czechoslovak and Hungarian foreign 23 July - Following further bi-lateral meetings, this rninisters discuss the issue o f t he Gabcikovo- time behveen Madl and the new Slovak prime minis- Nagymaros project in Prague. ter, Jan Carnogursky, the Slovak government an-

14 November - Hungarian government agree~, t o rec- nounces its decision to put i t z section of the project ompense the Austrian Company contracted to build into operation starting in October 7992 (the decision the dam at Nagyrnaros on its behalf 2.6 billion Aus- is approved by the federal government two days t ~ i a n schillings (5240 million). Payrnenls will be made later), This meanr proceeding wi th the 'C-option' to in ejectricily deliveries expected to continue unti l divertthe Danube, which the Hungarian government 201 6. claims would be a violation of the 1947 Paris peace

treaty's ruling of the Danube's main shipping lane as 1991 the border between the t w o countries. Slovak legal

22-23 April - Slovak Prime Minister Vladimir Meciar experts respond that the 1977 treaty had itself envis- and Hungarian Ministerwithout PortfolioFerencMadl aged diverting water from the Danube. meet in Budapest todiscusstheproje~t (forwhich the December - Carnogursky's visit to Hungarian Prime Slovak government har had full rerponribility since Minirter Jozref Antall confirms the gap between the the start of the year). Hungaty restates Its concerns twosides: the Slovakr willonIy cansider optionswhich about thedertructiveenvironmentalconsequencesit will allow the power-station at Gabcikovo tofunction anticipates if the project is finished and presser for a while the Hungarians threaten unifateral annulment new inter-state treaty to replace that of 1977; this is of the 1977 treaty.

arguiiieiit back to tlie facts is treatcd as bciraynl.Tliisexp1aiiis wliy <in botli tiic Eluiigariaii aiid Slovak sides, tlic do111 dispute lias takrrii oi ia iinttonal cliarac- ter, aiid Iikc a sporige lias suckecl tip otlicr aspcrts (if iIrc cricsistciiiinl prub Iciiis tif tlic t i v ~ i sid~5. Tlic prriblciii is iiindc. wurscby tlic tinturc tif tlicrccciit politiealcliaiiges.Tlie Hungariiiiis' irn- pbcabiliiy is i ioi merely an ideological defeiice af ~iatioiial identrty; for, tlie dam plnycd rr cciitral rrilc iii tlic rippu- sitiori to tlie coniniuiiisl system. Tlie legituiiacy tliisgave hesboth tliepresent goveriimeiit and the opposition to i i ~ i i i t a i i i i i ~ tllc saiiie pi>sitiuii.

Coiicl~isioi i : tlie iiiiyortaiice of protessional cornpetence ratlier thaii ideol~igical ~ i ia lys is

5. Tlte ntiribiitiiig uJJnlsr iiiotiucs niirl iiiisriridcrslniii{1~1~. Furt l ier cominu i~ ica t iu i i caii Le blrickcd i f i t is assuiiicd iIiat tlic kcy tri wliai lias beeii snid lies iii wliat l i ~ s been lett unsaid. This open- aniple room for sublective ~ucss-ivcirk niid t l ic att i ib~it i t i i i (if i i i i i l i v ~ ' ~ nliiiiibt nl- ways nePtive. A i i example of t I i~s ui i the Hungariaii side is tlie atte~iipt to prrivc tliat tlic Sluvaka wniit to btcnl tlicir iirntcr,c.g. 'Fiirycni.~, tlicSlrivaks Iiave beeii prepiiriiig big plaiis tu ex- ploi i different circunistances, aiid tu divcrt tlie wliolc Da~i i ibc tu Çrcclici- slovak tcrritciry' W V c , 11 3 89)

This problem is exacerbaied by ilie

tcticfeiiry 10 agrcc oii tlic kcy -critcria dctcriiiiiriiig Ilic riispittc Iiiit- i c i i l im- grcccivcr npplyirig tliciii. III tlzccase iii qucsriun, britli sidcs rccugriizc tlie ini- pirtniice of IcSality but Iiavc differcrit iiitcrprctaliriiis rif wlint tlits iiicaiis iii ~~~;"trcc:TIi~~l~iviik.s sny tliht tlic 1977 trciity rcprcvctzts 1Irc Ic#al stnrtiiig- poiiit, w l i i l ~ the H i i ~ l ~ r i i i n s 5ay tlie SIcivaks broke tIiclawiulicii tliey began divertiiig tlic rivcr iiito n inaii-mnàc cIiniiiic1 u i i Sltivnk ttrritriry, tlius breakiiig tlie 1'147 pence treiity. For the Skovaks, legality recluires sticking to the 147'7 trenty, wliile .r tlic Hungir: iaiis i t iiicaiis brcakiiig it.

Tliis leads to tlie deiiioiijziiig of participsiits. For exaniple, Ladislav Myirncku Jcscribcd tlic beliaviciiir of t lic Hiiiigiiriaii guvcr~ii i ici i t as rcviv- i i ig t ~ i c spiri; of Lcii in ( i l ~ i o t ~ d in Nc;isziiEindsns. 13.2.92, frrmi ail article i r i Niirotiiin OIfi.tit1n). Fru-ni liere i t is i iut far tri n ciciiitbtrslrntir>ii 01 slrciigtli, I c i

Zlireritsand blackninil. Tlie iicxtstepis violence.

Cuiiclusiori: carcf i i l tcxtual aiialyx/s, aiid tlic iriiiiicrlintc çlcnriiig- i i p ui misiiiidcrstaiidiiigs. Tlic cni- ~ l o y i n c ~ i i {if a ccidc coinprcliciisible toL>otIi s i ~ l ~ s ; alid l l ~ c ~ s a r c l i l i ~ r i i i ~ ! l ~ ~ -

ally ir~lz.aiilngciiiis scil rili~i!is.

6 . F ~ w r tzj llrt7 OI{~SI~{L, p i b r q ~ ~ b c l ~ ~ t ~ b . Scicinl pq~cliolt igy , l r t i r i i i tlicriry lclls 11s tllat vcry i i l lc i i tlic pnrticipniits iii a debate refuse to sce tlie ideological or

pcilitical i i i i i t ivnt~ri i is rr i idcrpi~ii i i i ig tlicir stniid ntid, frir ~ l i c saiiic rcasriii, rcfusc tci iirccpt tlic pcrspcctivc t i f aii uutsider. A i i intiillibili!y criniplex pcrvacics tiic actrirs, i f t1iis is mirtual, ctiiiiniiiiiica tiiiti is parnlyscd.

Coiicl~i+ioii. h i i i l r l i t ~ ~ in of tlic ob- scrvcr pcrspcctivc i t i r c i rlicdcliaicniid klie iiivolvcniciii nf iiiibiased prtiftrs- sroiial opiiiion

To sriiii ri p. wc sliriuld iiot dclirdc ourselvcs t1iatobscrvation otourcon- clusioiis willpreventconflicts between iiations. Dut tlicy mny.nssist iii pre- vciitiiig tlic criiiflict tokiiig n d~btruc- t i v ~ tiirn.

Finally, uiic piece of advice for priliticnl dccision-makcrs, to clioose a laiigringc t Ii,ii botli sidcb undurstand. nioiicy T l ~ c 1-lu~igariaii govcrnrnent iiiny wnii i iliepruject stuyped brit tlipy caiiricit wniit tlie Slovaks tu suffer Iriszcs Lwïaiiw (if tliis. Tliis mny bc expeiisive fur the Hungarian guvern- iiieiit, t l iu~ ig l i not i n cornparison to ivliat lias b c c ~ i speli! on tIic prrijcct 5 0

far. 1 Iii:. kircsciits ;i rntitiiinl, i f çxpcii- sivc, iiieans tocompromibe, by way of n joiiit ~acrifice. Naturally botli sidcs wiII xcck to i i inxi i i i i~c tlicirprtilil frtiim I l i c ct~riiprrrtiiisc, tliiiugli iii itiis par- ticiilnr case tlie best tliey can Iiope fur is t i i iiiiiiirnize tlieir lusses.

1992 24 March - Second resolution by the Hungarian ' parliament authorizing the government t o renego- tiate the 1977 treaty.

April - The revelation that an Austrian Company chaired byformerYice-Chancellor Hannes Androsch had agreed t o lend 10m crowns (c. 5400,000) to the Slovak state construction f i rm Hydrostav (headed by Ivan Carnogursky, brother of the prime minister), to complete the project, teads to protest i from the Hungarian government and a dernonstraiion out- side the Austrian Embassy i n Budapest.

4 May-EC Commissioner Frans Andriessen responds t o various cal15 from bo th sides for an outside rommittee ofexperts by stipulating three conditions t o be met before the EC can berorne involved: first, a letter f rom the two parties requesting external arbitration; second, an a priori rommitment by bo th rides ta accept the findings o f the experts as binding; third, promises not to prejudice the out- corne of the enquiry in any way (which would mean suspending workon the project on the Slovakside).

7 May - Hongarian government announces that un-

less the issue can be resolved beforehand, it wil l unilaterally annul the 1977 treaty on thebuilding of the Gabcikovo-Nagyrnaros project on 25 May.

9 May - CzechosEovak and Slovak governrnents re- ject the Hungarians' decision. Dienstbier admits that the dispute is having 'a disturbing effect' on a new Hungarian-Czechoslovak friendship treaty, approved by both sides bu t still awaiting signing.

25 May - Hungarian government sends a 40-page document t o Prague explaining why it has decided t o annuC the 1977 treaty. The Hungarian parliament approves the decisian t w o weeks later.

12 August - Following his fIrst visit to Prague since the lune electians i n Czechoslovakia, Antall restates the position that the Hungarian government con- siders the 1997 treaty terminated but is willing te conclude a new agreement, t o be discussed during forthcoming visitr to Budapest by new Czech Pre- mier Vaclav Klaus and new Slovak Premier Vladimir Meciar. He also reiterates that i f the Slovak side continues w i th the'C-option' involving diversion of the Danube, Hungary w i l l treat this as a border violation:

East West Environment Ltd. MaritIrne House (Arinexl

, Clapham Old Town London SW4 OJP, 4 K

tel: (44-71) 720 5737 J fax: (04-711 720 5760

SLOVAKIA

The Gabcikovo Water Works

The develciptnent of the prohlein with ripecial rererence to ihe yeats 1991-1992

The GabEikovo Water Works . rC

.. 1. Introduction

This case study presents a bnef review of the historid development of the problem of the GabEikovo-Nagymhos Water Wotks, and then focuses on recent-developrnents in 1991 and 1992, analysing the policies and methods used by Ce Siovak Government in response to this environmental issue. The study does not fcicus on the activities of domestic and foreign environmental groups, nor on the activities of the Hungarian side, both of which have b e n very intensive during the whole construction of the GabEikova-Nagymhos Water Works.

Tt is not possible to identify c l e d y the character of environinenhl p l i c y of the SIovak Government from one. case study, at a time of extremely rapid plitical, structurai and personnel changes, particulaly dvring the formation of rn independent Slovak Republic. The policy of the Slovak Govznment as dernonstrated by decision-malins on the GaEikovo \Vater W o r k , however, illustrates well the barriers to implementation of enriranmeiïtal policy in the Slovak Republic. These buriers m be suinmari& u follows:

0 s ~ i d and poiitic~l clima!s - mutual HungxiwI md Slovzk mistrust;

O politiczi composition a d persot~alities of the Slo\ak Goivernment a d the Slo\.~k National Council @=liament);

I 0 absence of a mechanism for democraiic decision making;

0 lack of experiznce of governmenkd representation in eficctive conflict resolution;

O tolerance of illegd activities;

0 conflicts of interesi;

0 ignonng the analysis of expeits;

0 ignorinp l d inhabitants and environmental organiçations;

0 polarisation of the problem in the media, subjective information;

1 327

2. Description of Fiayers

ML. Lokvenc: State Cornmissioner for GaMfkovu-Nagy rndros Watet Works (1978 - April l m

Mr. Koçingar: State Commissioner for GabFikovmNagymhs Watet Works (since A p d IBO), at the same time Deputy Minister at the Slovak Ministry of Forestry and Water &nom y

Mr. Tatar: Hungarian State Commissioner for G&fkovo-Nagybs Water Works

Mr Veself: Slovak W s k r of Forestry and Water Economy (until June 1990)

Mr. #berhauser: Slovak Minister of Forestry and Water h n o m y (June 1940 - June 1992)

Mr. Barn Slovak Minister of Land Economy (since June I992), chairman of the ~ S F R Govemment delegation (since Septeniber 1992)

Mr. 1. hogursk$ ÇSFR Vice Premier (until Sune 1990), Slovak Vice Premier (until April 1991), Slovak Premier (until June 1992), Chairmm of the Christian Dernocratic Movement, Chairman of the CSFR Govemment dekgalion (3uly 1991 - June 1992)

Mr. 1. h-nogurskj: Director of main state contractor wmpany, Hydrostav, First Deputy Chairman of the Slovak National Council (June 1990 - June 1992), Vice Chaiman of the Christian Democratic Movement, brother of Mr. J. &rnogursk$ (above).

Mr. MeEiar: Slovak Minister of Interior (until June 1990), Slovak Premier (June 1990 - Apnl 1991, since June 19921, Chairman of the Movement for Dernouatic Slovakia, Chairman of the CSFR Govemment delegation (until July 1991)

Mr. Calfa: ESFR Premier (1990 - June 1992)

Mr. SaaSkj: &FR Premier (since June 1992)

Mr. Antall: Hungarian Premier

Mr. Huba: chairman of the SIovak National Council Environment Cornmittee (June 1990 - June 1992)

Ur. V i i w u k k : ESFR Minister of Environment

Mr. Keresztes: Hungarian Minister of Environment

Mr. Zlricha: Slovak Minister of Environment (since June 1992)

Mr. Momvtik: E S F R Minister of Foreign Affairs (since June 1992)

328

Mr. Jeszenszky: Hungarian Minister of Foreign Affairs

Ur. T6th: SIovak Miniskr of Fininance (since June 1992)

Mr. Eisickj: Institute of Zmlogy and Fmsozology, Slovak Academy of Sciences

MÉ. ArdS: Director of the Water Economy Research Institute (WERI) (until Septemkr 1991)

MT. HolEik: Director of WERl (since September 199 1)

Mr . Lehoce: Deputy Director of WERI (until Octaber 199 1)

Mr. Wik: WERI expert

Mr. Holubec WERI expert

Mr. Lindtner: WERl expert

Mr. Szolgay: WERI expert

Mr. Lichvh: WERi expert

Mr. LiSka: Head Specialist of the state engineering company, Hydroçonsuli

Mr. Mucha: head of the Consulhg Group 'Ground Water'

Mr. h l : leader of the 'Danube Group' of the Slovak Union of Nature andALandsçape Protectors

Slovak Commission for Environment. Minister: Mr. Tirpak. Later became W s t r y of Environment of the Slovak Repubfic. Mister since June 1992: Mr. Ucicha.

Federal Cornmittee for Environment. Uinister: Ur. Vavroukk (June 1990 - June 1992)

M i n i s e of Forestry and Water Economy of the Slovak Republiç. Miniskr: Ur. Vesely, lakr M. Oberhauw. Since June 1992, Ministq joined with Ministry of Land Econorny (Mînister: Mr. Baco).

Department of the Stak Comrnissioner for GablSfkovo-Nagyrnhos Syskm of Water Works.

Water Econorny ~esearch Inçtitute.

Slovak Academy of Sciences, various institutes.

Slovak Hydrometeorlogid Institute.

329

2.3 Environmental non-govenimental organisations

Slovak Union of Nature and h d s c a p e Protectors

Citizen Initiative, 'Eurwhain'

Asmiation of Toms and Villages of the Sitnf Ostrov Region

World Wide Fund for Nature 0

Friends of the Earth

Global 2000

2.4 Companies

Hydrostav, main stak contractor company fer GabEfkovo Water Works

Hydrmnsult, state engineering company for GabElkovo Wakr Works

~dohosp iarska Vystavba, stak invator company in Gabçilovo Water Works

Hydro Quebac International

Androçc h International Company

3. Chranology of Events

1977: INTERNATIONAL A G E M E N T

Inkmational Agreement on Building and Operating the GaZ>E&ov~Nagym$ros System of Wakr Works signal in Budapest (16 Sepiernkr 1977).

1977- 1989: CONSTRUCTION OF DAM, PROTESTS

Construction of the GabEfkoveNagymAros Systern of Water Works. Larger part of the construction done on the side of the GaMikovo Water Works - h S o v dam, barrage in D u n W t i (an the Hungdan side), by-pass canal and hydro-pwer plant design4 for peak time electnciiy generation. On the side of Nagymhs Water Works (Hungary) only ground work undertaken.

During the m n d half of the 1989s there are growing paorests by experts and the public on both the Hungarian and Czechodovak sides. Nagymdros becames a symbol of the fight against communism in Hungary.

MAY 1989: THE FALL OF COMMUNISM IN HUNGARY

The whole antiammunist opposition is unified in fig".ng Nagyrnhos in Hungary. Hvngarian Government stops ail building activities at Nagymhos on 13 May 1989.

AUGUST 1989

Hungarian Govemment stops dl works on Hungarian part of the GabE~hvo Water Works.

The Slovak Government approves a ptoject Monitodng of the NahlraI Envimnmelir of the Territories A w e d by the G&!fkovo Wuer Work Conrtrucrion. The project consisis of monitoring seven components: water quality, water. quantity, a i l , climate, biological elements, forest and water in the aeration zone. Its goal is to summanse the state of the natural environment before the GabCfkovo Water Works is put into operation (the so cafled "zero staten) and compare the results with conditions after the dam is in operation. The project is paid from Gab&kovo Water Works investments and cmrdinated by the Natumi Environment Monitoring Centre at the Slovak Hydrometeorlogical Tnstitute, with participation of institutes of the Slovak Academy of Sciences.

NOVEMBER 1989: THE FALL OF COMMUNISM IN CZECHOSLOVAKIA

DECEMBER 1989-FEBRUARY 1990: FlRST ROUND OF EXPERT COMMISSIONS

The Czechoslovak Government stops al1 work on the Slovak side of the GabEkovo Water Works on 12 December 1989, except a n t i - f l d works. The verdict, however, is not confirmed in the form of a Govemment Remlution.

Mr. Veselj, Slovak Miriister of Forestty and Water Economy, establisha two expert commissions to evduate the Gabtkovo project.

The frst expert commission, GabEikovo-Nugymdros System of Wafer Works: Impact on Su@e and G r o d Wafer (chaiman: Mr. Lichvdr} does not recornmend the f i l h g of the Kniçov dam acprding to the original plans. Later some rnembers of the çornmission who were direcUy involved in dam construction (and who are not water q d i b experts) elaborate an opposite stakment, after a long delay , This staternent was the bais of the interpretation of the resiilts of the whole commission by the Slovak Minister of Forestry and Water Eeonornics, Mr. Veselj.

The second expert commission, GabEikovo Warer Worh huiscape Ecology Evaiuucion (chairman, Mr. Lisicq) sets up 6 subcomrnissions (1. Agriculture; 2. Fishery and Ichthyology; 5 . Forestry, Forest and Hunting Management; 4. Nature Protection and Ecology; 5 . Geosystems, Socio-economics and Landscape Planning; 6. Hydrology, Climatology and Hydmtechnics). The commission estimates the damage to agriculture and forestry by the original constniction plan and determined the conditions that a supplementary solution should contain, baides an dequate permanent rate of water flow in the Danube river and the continuity of seasonal changes. These conditions are never fulfilled.

The work of both expert commissions is not prohxted fram rnanipuIation and falsification of the results. Atternpts are made to discredit the ampe tence of the experts themseives. (in Mach 1990, the director of the Center of BiologicaI and Ecologid Sciences, who sent his most qualified experts to work in the commissions, is asked to check their work. The Center, however, confirms the results as correct.)

The work of both commissions results in Meusures for Minimising the lmpacr of the G&Ckovo Waier Worh Opraiion on the Environment (covering -ch, planning, construction, international relations, e h ) . The results are delivered in the fisst half of Febrwry 19W. At this time the third commission is due to sumrnarîse the results of h t h çommissions fmm the economic point of view. Howevet, this commission never meeh and so the whde first round of expert commissions remains without relevant conclusions.

Insufficient control of the building moratorium at the dam site and the absence of penalty enforcement means that, during the work of expert commissions, constmction and grave1 extraction a ~ e increased (along with oonsetvation and ant i - f ld work). The extent of rnoney already invested is usai as another argument for completion of the GaMlkovo Water Works.

The Slovak Ministet of Forestry and Water Economics, Mr. Veseljr submits to the Slovak Govemment a proposal ta çomplete the GaMikovo Watet Works construction with the intention to return to the Nagymhos phase iakr, despite the results of the expert commissions (5 February 1990).

APlUL 1990: CONTINUING CQNSTRUCTiON OF THE G A B C ~ O V O WATER W O N S

The &FR Government decides to repIace Mt. Lokvenc by Mr. Kocinger in the position of Stak Comrnissioner for the GaMLkovo-Nagymhs System of Water Works (5 April 1990). Mr. Kminger works at the same tirne as Deputy Miniskr at the Slovak Ministry of Forestry and Water Economy.

The Slovak Government negotiates and accepts the Memures for Minimising rhe Impact of tk GrrbZikovo Warer Worh Operaiion on t h Narural Environment, prepared by an expert commission (25 April 1990). The Minister of Fores0 and Water Economy, Mr. Veselq, orders the state GabEikovo Water Works investor Company. Vodohospodardra Vystavba, to d e down the constructions (23 Apnl 1990). Wowever, the main state GabEikovo Water Works contractor cornpariy, Hydrostav, which is responsible to the Slovak Minisûy of Civil Engineering, rejects the order. Negotiation between the hiro ministers dûes not result in agreement (25 May 1990). Neither the Slovak nor the CSFR Govemment adopts a resolution on the issue, and so construction continues.

Environmentai cornmittees of the CSFR Feded Assembly adopt a resolution demanding the , ~ S F R Government to submit a proposal for a National Park in the ara of wetland forests

dong the Danube, Morava and D yje rivers.

MAY 1990: RESOLUlïON OF THE HlJNGARlAN PARLIAMENT

The Hungarinn Parliament adopts a resotution chargiing the Hungarian Govemment to negotiate with the &FR Government to slop aii construction of the GabEfkovo Water Works. This remlution blocked the compromise propsals from the Hungarian Government side.

Parliarnentaq elections in CSFR (4-6 June 1990).

Environment Ministers of ~ s F R and Hùngary, Mr. Vavroukk and ML. Kerwtes v t i v e l y , make a preliminary request for EC participation in solving the problem of the GabEikoveNagyrnAros Water Workis, at the Dublin Conference of and cenWwist European environment ministers. The condition of the EC miniskrs is that boa states miist formdy request such an intervention, and that the EC would not judge the issue but provide expertise. This resolution is not included in the final reçoIution of the Dublin Conference.

The State Commission for the GabEi?covo-Nagyrnhs System of Water Works low its independent character (directly answerable to the Slovak Government) and is included wittrin the structure of the Slovak Minisîq of Forestry and Water Economy (the GaMikovo Water Works investor) .

AUGUST 1990: PROPOSAL OF ALTERNAïTVE SOLUTIONS

A Presidium of the Slovak Govemment charges the new Slovak Minister of Forestry and Water Economy, Mr. Oberhauser, to elaborate alternative solutions for the use of the Czechoslovak part of the GabEikovo Waîer Works (27 August 1992). After a short time, seven alternatives are propsed: -

ait. A: completion of GaMhvc-Nagymkos System of Water Works according to the 'original contract with Hungary in 1977;

alt. 8: cornpletion of the hydro-power plant in GatiEikovo accordingJ to the 1977 contract wjthout paralle1 completion of the NagymAros dam;

alt. C: completion of GabEikovo Water Works only on CSFR territory (with smaller dam in Hmhv) without the Nagymkos dam;

alt. D: completion of GabEikovo Water Works without H m b v dam and N a g y m h s dam;

1 alt. E: use of GaWikovo Waier Works only for shipping, draining of high water, and

333

partly for energy generation;

alt. F: termination of further consmction and no dismantling;

alt. G: gradud disrnantling of complet4 çonstnictions, recultivalion of the country into an environrnentally acceptable state, in which the entire affected ara would be able to fulfil al1 previous functions.

The Slovak Miniskr of Forestq and Water Eçonomy, Mr. Oberhauser, appoints the state engineering cumpany , Hydroçonsult, to prepare technical background information for expert examination of the aitematives.

1

SEITEMBER-DECEMEER 1990: SECOND ROUND OF EXPERT COMMlSSIONS

Meeting of Environment Minister of CSFR, Mr . Vavroukk, and of Hungary , Mr. Keresztes, in Hungary (5 Seplember 1990). Minister Vavroukk proposes a bilateral expert evaluation of al1 seven alternatives, but states that there are only two alternatives which are practicable for EsFR: GabCikovo Water Works completion without Hruhv dam (alt. C) and use of by-pass m a l for navigation and ant i - f ld protection (alt. E).

To evaluate the seven alternatives, the Slovak Minister of Forestry and Watet h o o m y , Mr. Oberhauser, appoints six expert cummissions: 1. Intemakional Law; 2. EcoIogy and Prduction; 3. EçoIogy and Environment; 4. Water Economy - Surface and Ground Wakr; 5. Hydrotechnics and Energy; 6. Economy and Prduction (14 September 1990). There is no consensus among the expert commissions about the best alternative. The conclusions of ecologists and environmental experts ate against dternative C. The exprts dehne several new criteria for prepring the final solution from the point of view of water economy and ecology (e.g. reduction of the volume and area of the Hmbv dam). - The commissions finish Pheir work after 6 weeks (5 November 1580). A summary of their final wnclusions should have b e n studied by a commission appinted by the Economic Council of the Slovak Govemment, This commission, however, is never formed. In contradiction to the agi-& process, its role is taken by the sixth commission 'Eçonomy and Prduction' consisting of dam designers, civil engineers and energy experts (chairman: Mr. Liska, the head specialist of the state enginering Company, Hydroconsult).

Using one-sided interpretation of the conclusions of the expert commissions, the Slovak Minister of Forestry and Water Economy, Mr. ûkrhauser, submits to the Slovak Government a recornmendation for alternative C (29 December 1990).

The Slovak Nationai CounciI Environment Cornmittee adopts a resolutian demanding that the CSFR Govemment and the Slovak Govemment accept in entireh the conclusions of the expert commissions from the first quarter of 1990, to respect the opinions of the I d inhabitants, to support efforts to deçlare the 'Danube bwland Trilateral National Park', and to prevent nationdiration of the dam controversy (24 October 19901,

The ~ S F R Feded Assembly Environrnent Cornmittees recornmend a synhesis of the studies and conclusions of dl professional institutes and expert commissions on GabEikovo Water

&FR Environment Minister, Mr. Vavroukk, submika pmposal to the CSFR Govcrnmcnt to set up a fdateral commission with participation of CSFR, H u n g q and the EC, in order to make a complete and cornplex evaluation of the GabElkovo Water Worh (i.e. al1 aitematives proposed by botti sides) (1 1 Septernber 1990). Due to unambiguousiy negaiive position of the Slovak Premier, Mr. M&ar (19 September 1990), the CSFR Gavemment does rd a q t the p q m d .

JANUARY 1991: WATER ECONOMY RESEARCH INSTlTUTE SïVDY

hailel ta the work of the expert commissions appointed by the Slovak Government there is continuous scientific m h on water quality effets of the dam system. A collquiurn of top Czechoslovak experts c o n h s a study by Mr. Lehmlj, GaMkovo-Nagymdnis @stem qf Waier WonFrï CTomtmclion: Impacs on Wuter QuaIiiy (2 1 January 1991). Amrding to the study , there is a possibility of ground water contamination and irreversible proçesses causing e~onomic losses if the Hruhv dam is ti1Eed.

Slovak Government adop& rneasures for preparation and realisation of alternative C (17 January 1991).

FEBRUARY 1991: ME€TING OF HUNGARTAN AND SLOVAK EXPERTS FROM AÇADEMIES OF SCIENCES

Meeting of expwts from institutes of the Slovak Academy of Sciences and the Hungarian Academy of Sciences concerning GabEikovo System of Water Worùs.

MARCH 1991: SLOVAK NATIONAL CUUNCIL ENVIRONMENT CO- RESOLUTION

Slovak Gwemment confirms the wnmt with Canadian building company Hydro Quebec International on technical assistance in solving environmental problems associatd with the dam (1 9 Match 199 1). The contract is worth KEs 3 1 rnjllion VS$l m). Scale of propsed technical assistaria (in form of studies) is not sufficiently spifieci and its content is to a considerable extent the same as research studies which have b e n done already by the Slovak Academy of Sciences and other research institutes paid by the Slovak Gavemment. There is na cornpetition for the proposai shidies. @fore submitting the contract proposai to the Slovak Govemment, Slovak Mnister of Forestry and Water Economy, Mr. Oberhauser, participated in 1990 in a workhg visit to Canada organiseci by Hydro Quebw: International.)

APRIL 1991 : HUNGARiAN PARLIAMENT RESOLUTION

The Hungarian Parliament adopls a molution on negotiating with the Czechoslovak Federal Governrnent, rquinng the govemmwit to accept only the cornplete cessalion of al1 work on the GabCfkovo Water Works, This remlution blwks the possibility to negotiate cornpromise proposais on the Hungarian side.

W O B E R 1991: FTRST PART OF LEGAL PERMIT FOR ALTERNATïVE C

CSFR Feded Assembly adoptS a Rewlution No.200/1991 dernanding the CSFR Govemment: (i) to use the new space for negotiation which has been prepared by a visit of ~ S F R Environment Minister, Mr. Vavroukk, to cornmittees of the Hungatian Parliament; Eii) to charge the ~ S F R Ministry of Conlrol to check the use of a federal grant by the GabEikovo Water Works investor; (iii) to respond to demmds for restitution by land owners in the area of GaMikovo Water Works; and (iv) ta prepare an analysis of the economic costs of individual alternatives of completion of the GablSikovo Water Works (3 October 1991).

Bratislava-Vidiek District Environmental ~ u t h o n i y gives the cohstniction petmit for the first part of the GabEikovo Wakr Works construction according ta alternative C (10 Oçtober 1991). me law enables the Slovak Corn mittee of the Environment to move cornpetencies between dishiet authorities. In the case of wakr protection, the cornpetence to give water construction permit$ was movd from the sauthem district environmentai authoriiies direciiy affected by rhe GabiYhvo Water Works projeet and smngly oppsing the project, to the Bratislava-Vidiek District Environmentai Authority, which is not dir~ctly affectd by the GabEikovo Water Works.)

The SIovak National Council Environment Cornmittee adopts a rwlution dernanding the Sbvak Govemment and the CSFR Govemrnent to accept in entirety the conclusions of the expert mmmissions from the fust qiiarter of 1990 (first round of expert commissions) and to respect the opinions of the local inhabitants (24 Octaber 1991).

Meting of environment cornmitrees of the Hungarian Parliament and the ~ s F X Federal Assembly (1 1 ûctober 1991). Deputies agree on the need for further negotiation and information exchange between the CSFR Government and the Hungarian Government. They delegate the chairman of both cornmittees io prepare a methmi parl iamenq supervision of the governmenk

NOVEMBER 1991: CONSTRUCTION OF ALTERNATTVE C BEGINS

Main s t a k GabElkovo Water Works contraclor, Hydroitzv, s t a M land pnparation works for construction of alternative C. These works are approved by the Slovak Government. The CSFR Government is not informed about these activities.

DECEMBER 199 1 : CSFR GOVERNMENT RESOLUTION

Third round of negotiation between the &FR and Hungarian Govemments. Delegations do not r w h agreement 15 Jdy 199 1). {Chairman of the CSFR Govemment delegation: Mr. J. (?.mogilrsij.) & SFR Govemment delegation proposes to set up trilateral expert commissions with participation of the EC and States the only acceptabIedtemative for ÇSFR is to put the GabZSkovo Water Worh i n b operation. Tt expresses a wiil ternpmiiy to stop the works in the Danube river bed until August 1992. Hungarian Government delegation insists on stopping ail constructions which were not a part of original GaMfkoveNagy mhos S y s m of Water Works project anâ daes not agree with the participation of the EC in trilateral expert commissions. (New buirding activities in the area of GaWkovo Water Works negatively influenoed the results of the negotiation.)

The ~ S F R Government adopts a tesolution on completing construction of the GaMikovo Water Works according to a temporary solution exclusiveiy on CSFR territory (12 December 1991). The construction of new objects which were not a part of the 1977 international agreement begin.

TOM investments spent on GabEikovo Water Works until Decernber 1991 e x c d KCs 21 billion and the cos& for the "temporary solution" are estimated at KEs 8.4 billion. Ali expenses for GabElkovo Water Works in 1991 are çovered by the Slovak state budget, not including KEs 460.5 million granted from the federd budget.

~ JANUARY 1992: SLOVAK NA'SIONAL COWNCL RESOLUTION

A collquium of experts confirrns the results of the Water Economy R m c h ~nstiiute study, N Q ~ ~ O W E ~ H d o v Dam Impact on I k Narural Environmeni, which evaluated a rndified alternative D with a narrowed Hruhv dam (authoss: Batik, Holubec, L e h ~ k j , Lindtner, Szolgay et ai.) (21 January 1992). The study is preped in cooperation with the Slovak kcademy of Sciences, the Czechoslovak Academy of Sciences, the FaculQ of Natural Sciences of Pdackf University Olomouc, Hydroconsult and the Faculty of Natural Sciences of Commenius University Bratislava, with the aim to minimise ecological risks of the GabEikovo Wakr Works. The study was funded by the Federal Cornmittee of the Environment.

Environmental cornmittees of both chambers of the CSFR Federal Asçembly adopted a remluticin which says that demands inçluded in the Federal Assernbly resoiution No.Sûû1199 1 were fulfilled only partially despite their urgency.

The Slovak Nalional Council Environment Cornmittee adopts a mlution dernanding the Slovak Govemment: (i) ta deal urgently with the madified solution of the narrowd Hmbv dam according to the Water Economy Research Institute study, 1Varowed HncSov D m Impacr on the Natural Environmeni; (ii) to use it as a compromise.proposa1 in negotiations with the Hungarian Government delegation and to compare the costs of mdi t i ed alternative D and çelected alternative C; (iii) to elaborate a seview of future GabiSikovo Water Works finance; and (iv) to respect Slovak National CounciE Environment Cornmittee 1990 and 1991 resolutions (16 January 1992).

SEovak National Council Plenary session dixusses govemmental information on rite Sfae of lhe Solurion ro ~ h e GabËlkow-Nagynidros Sysrem of Water Worh Problem and Followiq Plans of the SIovak Governmenr with Respect to Enviromnial Aspects, and aàopts a resolution (31 January 1992).

FEBRUARY 1992: FINDINGS OF THE FEDEML M I ~ ~ ~ T R Y OF CONIROL

&FR Minisiry of Conml discovers illegal use of a grant from the Federal Cornmittee of the Envitonment to s&te investor çompany, Vdohospmhrska Vystavba, for the exclusive putpose of building of sewage treatment plant in Bratislava-Petrmlka (19 Febniary 1992). The grant was used also for promoting construction of the GabGikovo Water Worh,

MARCH 1992: STUDY OF CONSüLTING GRQUP 'GEtOUNI) WATER' AT THE NATURAL SCIENCES FACULTY OF COMhlENIUS UNZVERSlTY BRATISLAVA

Based on request of the-Siate Commissianer for the Gali2ikovc+Nagymhs Syskrn of Water Works (at the Slovak Cornmittee of the Environment), the investor Vaiohosphrska Vystavba, and the CSFR Govemment December 1991 Remlution, the Consulting Group 'Ground Wates' (Chaiman, Mr, Mucha) eiaborates a study, Optimisah'on of GabZhvo Waer Works Compleiionfrom the Point of Kew of Gmund Warer Impacts (30 hkuch 1992). (The Consulting Croup was forrned by the Presidium of the Slavak Govemment (on August 1990). The study is te fom the basis for decision making cunceming.further development of alternative C and was u d as an initial document for the PHARE project fiw' Ostrov Gmund Waer Model. The work of the Consulting group is to finish in 1993.)

APRIL 1992: PROTESTS OF LOCAL CRiZENS

The Association of the Towns and Villages of the 2itnf Ostrov Region adopt a statement demanding immediate cessation of building activitia on the GaMikovo Water Warks aiternative C (25 April 1992).

From the 1992 Slovak state budget, KEs 50 million are released for conmation work on the GabEfkovo Water Works project .

The 'CSFR Governrnent discusses further CSFR poficy on the GaWIkovo Water Works project and charges the chahan of the CSFR Govemment delegation, Mr. J . Carnogurskf, tu negotiate with Hungarian counierparts a common letter asking the EC Commission to participaie in cornplex expert evaluation of the GabElkovo Water Works.

The Ausûian building company, Androsch International Management, unde- to h d çredits of Us 3.5 billion for the GabEIkovo Wakr Works and other water constructions in Slovakia. The Slovak Govemment undertakm to provide staie gumtees for these credits.

MAY 1992: CANCELLATION OF THE 1977 AGREEMENT

The ~ S F R Govemment agrees with the ternporary intemption of the works on Gaglkovo Water Works alternative C, conditional upon the Hungatian Government expressing the will to look for a compromise solution. The official. letter of CSFR Premier Mr. Calfa did not, however, include a note concerning the conditional agreement on the interruption of construction of the GabEiIovo Water Works.

Mr. Anand K. Seth of the World Bank {Chief of the Environment Division, Technical Department, Europe & Central Asia, Middle East & North A fnca Regions) con f h s that the World Bank dws not intend to finance the GabEikovo Wakr Worb project (1 8 May 19%).

Mt. Thierry Baudon, Director of Infrastructure, Energy & Environmental Department of the Eutopean Bank for Reconstruction and Developrnent -RD) & h s that EBRD does not

'

intend to finance the completion of the GaMfkovo Waier Works projecr.

The Hungarian Parliament decides to cancel the Intemonal Agreement on Building and Operating the Gabfbvo-Nagynufros System of Wiüer Works, signed in 1977, as welt as al agreemenh to redise it (19 May 1992). The canceliation takes effect from 25 May 1992. Among the legal reasons given for canceliation are:

- state of environmental emergency;

- the Agreement is no Eulfdlable owing to pokntial irreversible environmental damage;

- substantial change of çontext since 1977;

- the CSFR has not fulfilled the obligation to secure water quality and envuonmental protection;

- the so dled tempomg solution (alternative C) breaks international Law and gives a mandate for countesactions. It breaks the sovereignv and territorial integriv of Hutrgary, the so d e d main navigation line confmed by Treaîy of Trianon and Paris Pace Agreement, etc.

The CSFR Govemmeni, in its official response to the Hungarian Government ernphasises that there are no reasuns for cancellation of the Agreement and thexfore the Hungarian Governrnent's statement has no legal standing.

The Department of Concrete Construction at the Civil Engineering Faculty of the C m h Technical University conduch an initiai study on contract to the Federal Cornmiltee of the Environment, This analym the work required for and the cosis of gradual dismantling of the completed GabEikovo construction.

The Slovak Union of Nature and Lands~ape Proteciors submits a project proposal Solun'on ro the damage oftem'tory by the Gabfhvo c o ~ ~ ~ t r n t i o n by noc purring the W I k o v o Waer Works inro operation" (altemalive G) from June 1992 10 December 1993 (21 May 1992). Project direetor: Mr. $fil.

SEPTEMBER 1992: BEGINNlWG OF THE MEDIA WAR

At a meeting with Hungarian Minister of Foreign Affairs, Mr. Jeszenszky, the Slovak Premier Mr. MeEiar s t a b that the Slovak Government will hold to a previous Bungarîan statement, "if the Slovak Govemment agrees with cancelling the Nagyrnhs Wakr Works then the Hungarian Government will agree with GaMfkovo Water Works cornpletion" (3 Sepkmber 1992). Rungarian Premier Mr. A n d l imrndiately denies that the Hungarian Government bas ever made such a statement.

The testing o p t i o n of the fist of eight hirbo-genetators at the Gabtfkovo Water Worh Mis In early September 1992.

The SIovak Minister of hance, Mr. Tdth, says that fiancing of the GabEfiovo Water Works pmject should corne h m the state budget of the Slovak Republic (either h m foreign sources or h m state bonds) (8 September 1992).

At the meeting of the Slovak Premier, Mr. MeEiar, and his Hungarian wuriterpart, Mr. A n U , the Slovak Government does not accept the demand of the Hunguian Government to intempt the works on GabEikovo Water Works (9 September 19923. The Premiers agree on establishbg a bilaterai parliameritary commission for an evaiuation of the GaMiIovo- Elagymhs Syskm of Water Works from legal and econornic perspectives. Another bilaterd commission should review the possibiiities of navigability of the Danube river to meet sequirements of the Danube Commission. A zhird commission consisting of Hur~garian, Slovak and EC experts should evaluak environmental impacts of the GabEhvo Water Works opetauon.

Dimtor of main Gabtikovo Water Works contractor cornpany, Hydrostav, Mr. 1. Carnogursq, says thac Austrian and Canadian cornpanies are willirig b finance cornpletion of the GabFikovo Water Works, as well as other water constructions in Slovakia, and to become their share holders (ihus it would not be a credit) (10 Septernkr 1992).

Hungarian Minister of Foreign Affaks, Mr. Jeszenskj, sends a p r o p d to Cmhoslovak Minister of Foreign Affairs, Ur. MoravEik, to renew discussions about the mutual submission of a case to the International Court in the Hague to decide on the controversy. He also proposes Ihe establishment of a trilaterai commission to evaluak environmental problems of the GabEikovo Watet Works with participation of experts from bolh sides and the EC (15 September 1992).

The SIovak Gevernment asks the ESFR Government for a financial contribution to the construction of the GaMikovo Water Works (22 September 1992) and charges the Minister of Foreign Affairs to set up a cornmittee to d d with the problems of international Iaw, diplomacy and publicity connected with the GabCOrovo Water Works project. The Slovak Governrnent rejects the proposal to submit a case to the International Court in the Hague.

The CSFR Government adopts a resolution informinpr the Slovak Govemment thal finances for GabCkovo Water or& must came from the ~ L v a k sute budget only (22 Septunber 1992).

The ESFR Government appoints the SIovak Minisicr of Land Ecanomy, Mr. Baco, as the

new chairman of the ~s??R Govemment ddegation for n a W o n on the GahEfkovo Wakr Works with the Hungarian Govemment, replacing Mr. J. Z n ogurslj (23 Septernkr 1992). The CSFR Govemment also releases K6s 6 million from the Federai Budget for inteniational propagation of the position of CSFR concerning GaMfkovo Water Works. (In 1992, the GabCbvo Water Works project was not financed frorn the Federal Budget.) CSFR Premier Mr. Straskj "considered the negotialion of Czechoslovak-Hungarian conflict at the Internationai Court in the Hague, as propsed by the Hungarian Premier Mr. Antall, to be

, a step back in the effort to find a m u M y acceptable resolution of the conflict".

The Rh&-Mohan-Danube canal is officially put hto opxation in Norimberg. The speech of Hungarian Premier Eulr. Antali al the opening ceremony and the subsequent reaction to his speech substantially increased growing tensions betwem Hungary and Slovakh (25 September 1992).

OCTOBER 1992: THE LONRON PROTOCOL

The Hungarian Government announces that works to revitaiise the landscape of Nagymhs would start in spting 1993 and should be çarnpleted by 1995, and wili cost about US$ 97 million (2 October 1992).

Initiai negotiation between Hungarim and Slovak deiegations to set up a Uilakd commission with EC participation in Bratislava (13 October 1992). The delegations do not reach agreement on the mandate of the commission and on the conditions of setting up the commission. (&FR rejected the demand of the Hungarian Government tu stop ac Jvities on the Slovak side, for exarnple, barraging the Danube River or diverihg its course during the work of the commission.)

The Hungaian repreçentative in the Danube Commission asks thel Commission to cal1 emergency discussions in response to Stovak preprations to put the GabZikovo Water Works into operation (14 October 1992).

There a p p in the media the first mentions of potential w u beetween Hungaty and Slovakia.

The Hungaian Government informs the CSFR Govemment about its desire immediately to set up a trilateral expert commission to evaluate the GaMfkovo Water Works, on condition that no measures would be accepted which might negatively affect the future results of the commission's work (18 October 1992). The Hungarian Government considers d a m h g the Danube river to be in contradiction to such a condition.

hi l ia i discussion between the CSFR Governmen t delegation and the European Commission in Brussels (18 ûctober 1992). Chairman: Slovak Environment Minister, Mr. Uoçha.

The Hungatian State Commissioner fus GabEi?rovo-Nagymhs System af Water Works, Ur. Tatar, claims that the Hungarian Govemrnent has not prepared sanctions against the Slovak Republic but "counter-measures" (19 October 1992). These were already adopted by the Hungarian Government but would be used only if international law were viofated.

The Slovak Minister of Environment, Mr. Zlocha, clairns Lhat the ÇSFR is h l i n g to

consider the latest proposal of Hungary accurding to which Ihe objects in GabEikovo Wakr Works wwld be used only as a water transport route (19 Ocbkr 1992).

Due zo the work of damrning of the Danube, the river was clased for 7 km of flow for f 4 days (20 October 1592).

The Slovak Government states that the damming of the Danube would not take place mrding to p h , for technid reasans, but would take pIace by 7 November 1992. According b ihe Slovak Govemment the damming of the river is no1 an irreversible step and it is possible to rieturn back to the original state at any tirne.

The Hungarian Premier Mr. Antall asks the French pmidrrnt Mr. Mitterand to mediate in khe GabEikwo Wakr Works controversy with the Slovak Republic (20 November 1992).

nie ESFR Gwemment adopts a remlution saying that it is willing to a m p t conditions set by the EC for the beginning of. the work of the tnlakrd commission (that the start of the damming of ?he Danube will not take place before the commission has started itr, work) (21 O c W r 11992). The CSFR Govemment states that the work of the commission must be finished by 2 Novemkr 1992.

The fmt discussion of the delegations of the ~ S F R , Hungary and the representatives of the European Çommission taka place in Bnissels (22 October 1992). The SR submits a proposai to dam the Danube during the work of the Bilaterai commission, but noi to divert water from the river bed. Hungary refuses the proposal. The opinion of h e European Commission is that the main condition for the work of commission - a moratorium on construction work during the comrni~sion's work - has not b e n acceptai.

The CSFR Prime Minister Mr. Sb&@ announces that the &FR Government is prepared to accept a new statement if the European Cammission delares that the danrning of the Danube is an irreversible p m s s which affects the evaluation of the whole problem (23 Uctober 1992).

The C m h Minister of Foreign Affairs, Mr. Zielenec, after a meeting with the German Minister of Foreign Affairs, Mr. Kinkel, (23 October 1992) reports the discontent of the EC and Germany caused by the CSFR Government's decision to complete the dmming of the Danube by 2 Novernber. The CSFR is siil1 subject to international law and therefore the Czech Republic and the Slovak Republic together are responsible for the situation. After the return of Mr. Zieienec to the CSFR, the tension between the Czech and the Slovak politicians gradually uicreases.

The Hungarim Government turns to the International Court in the Hague rquesting it to d ~ i d e on the GaMlkovo Water Works case (23 October 1992). The State Secretaq of the Hungarian Ministry of Foreign Affairs, Mr. Martonyi, at the same time announces that hia government has asked the Conference on Cwperation and Security in Europe to o p a so called "crisis p r o d u r e for the solution of international çonflicts".

Darnrning of the Danube commences (24 October 1992).

The Deputy Prime Minister of FR, Mr. Baudy3, clairns that the ~ S F R Government is

internationally responsible for GabZlkovo problem, but at p m n t it is not able to prevent the actions of the Slovak Govemment (25 October 1992)

Negotiations between repraentatives of the CSFR Government, the Hungarian Govemment and the EC take place in London (28 Octabec 1992). The participants sign the London Pmtocol. Accordhg to the Protocol, al1 work on alternative C (except worh related to navi~ation, flood and environmental prowtipn) wilI stop for a perid decided by the EC. The CSFR Government will guazantee 95% of the minimal flow rate dong the total length of the original Danube river bed and a ternprary delay of the start of operation of the hydro-power plant. The trilateral work commission of three representatives of the EC , ~ S F R a d Hungaq will review constructions lnvolved in al temative C, and will estirnate the need for f l d prevention, and the risks to the environment, water economy and navigation. They wiil state if the constructions are reversible, and estimate the costs of land- rehabilitation. On the basis of the commission's conclusions, hrther steps of a cornmon approach will be identifid. Bo. Hungaq and CSFR agree hat the International Court in the Hague should decide on Ihe Gabi5ikovo Water Works (including legai, mnomic and environ mental aspects).

Completion of damrning of the Danube river'(31 October 1992).

Cornpletion of the work of the trilaterai commission on 31 Octnkr 1992. The commission's mandate was to determine the "zero" state of alternative C, to state how much water should be put into the old Danube river bai, how the flow rates would be regulated, and which constructions might be endangered. The final report which was sent to the European Commission was to be the basis for a further expert trilateml analysis of ithe G&ikovo issue.

4, Barriers to Policy Implernentation

Absence of a rnechanism of democratic decisiou making

Illustrations include:

closai cabinet decisions about the future of the GaMikovo Water Works, without public discussion;

lack of respect for resoIutions of the Slovak National Council, CSFR Federal Assembly and their environmental cornmittees;

the Slovak Minister of Foresiry and Water b n o r n y , Mt. Oberhauser, laid off a director of the Water Economy R-ch Institute because expert studies of the institute did not comply with politid interests of the Slovak Ministry of Forestry and Water Emnamy (Sepkmber 199 1);

the ~ S F R Govem men t found out about already started constructions only after a delay (during the discussions with the Hungarian Government in December 1991);

b t h the Slovak and ESFR Govemmenîs were silent about the illegd construction of the alternative C (October - December 1992);

after commencement of the damming of the Danube, the Beputy Prime Minister of the EsFR Governrnent, Mr. BaudyH, clairned îhat 'on an mternational level the ÇSFR Govemmen t is sesponsible, but at present it is not able to preven t the activitia of the Slovak Govem meni" (25 Octobet 1992).

Lack of experîençe of the governmental repmentatiou in effective c o a c t r-esolution

, The Govemrnents of Slovakia and Hungary have choxn confrontation instead of cooperation in h d i n g a solution of the problem of the GabEikovo Water Works. The goal of the both representations was to defeat theh partner. The failure of aii atkrnpts to establish open and fair dialogue was the fault of both sides (the joint proposal of the Ministers of Environment of the ESER and Hungary in Dublin {June 1990), a propsal o f the &FR Environment hhnister, W. Vavroukk, to the CSFR Government to create a trilateral commission (Novembet IWO), propsnls of Mr. Vavroukk in the Hungarîan Parliament (September 199 l), remlutions of the SIovak National Council and Ifie &FR Federal Parliament and their environmental cornmittees (1990-1992), rmmmendations of the E u r o m Commission not to dam the Danube during the work of the trilateral commission of experts (Oçtober 1992), etc.).

In June 1990 the Department of the Slovak State Commissioner 'for the GaMikovo- Nagymhos Systern of Water Works was subordinated to the Slovak Ministry of Forestry and Wakr Emnomy which finances the GabElkovo Water Works through the state company, Vodohospodarska Vystavba. The ~ S F R Stak Commissioner was at the same time the Slovak Deputy Minister of Forestry and Water Economy.

The most important politicaI positions have b e n mcu ied by people directly interested in the curnpIetion of the GaMikovo Water Works. Mr. 1, 8 amogursky ji) was the Vice-Chairman of the Slovak National CounciE (June 1990 - June 1992), (ii) the Vice-President of the pro- dam Christian Demmratic Movement, which was the second sttongest (and later the strongest) plitical paty in Slovakia, (iii) is a director of the main state contractor company, Hydrostav. His brothei, Y. tmogursl@, i i Q) Chairman of the pro-dam Christian Democratic Party, (ii) Vice-Prime Minister of the CSFR Government (until June 19901, (iii) the Vice-Prime Minister af the Slovak Government responsible among other things for the media (June 1990 - April 199 l ) , (iv) the Prime Minister of the Slovak Govemment, and (VI

the Chairman of the ~ S F R Government delegation for negotiattons with ~ u n g a j (April1990 - June 1992).

Engheers and technical experts from the compmies involved in the GabEikovo Water Works construction were nominated to expert commissions which were h charge of an independent and cornplex evaluation of the original project and alternative solutions (during the first and the seoond round of expert commissions).

Representalives of Slovak investor and contractor companies W e members of governmental deIegations in trilateral negotiations in Brussels and in the negotiations with the Hungarian Govemrnent.

Ignoring tbe opinions of experts

Slovak Ministers of Forestry h d Water h n o m y , Mr. Veselj and Mr. Oberhauser, conçciously ignored the findings of expert commissions appointed by them (during the first

'

and the second round of expert commissions) and offered te the govemment unconfirmexi facts and statements which were in direct contradiction to the statements of experts. They ignored also conclusions of research studies whkh did not recommend the alternative C. The ,

Slovak Government therefore made decisions in favour of alternative C b d on distorted and unprofessional makrials.

Contacts between foreign experh invited in by the Slovak govemment on the one hand, and SIovak environmentai experts on the Danuix River and the impacts of the GabEikovo Water Works on the other, have b e n inhibited, and important data unused.

Ignoring 1-1 inhabitants and environmeutal organisations

The Slovak Govemment has not çonsidered in its d ~ i s i o n s numemus protests of inhabitants of the Danube regian and of representatives of local mmmunities directly effeçted by the construction of the GabEikovo Water Works. The Slovak Govemment has not reactai to extensive protests and many compromise proposais by domestic and foreign environmental organisations to sslve the GabE~Mva Water Worlcs prublern. On the contrary, the decisions and staternents of the Slovak Govemment have systematidly tumed the problern of the GaMikovo Water Works onto a national one.

Polarising the problem in the media - subjective ioformation

Long-term and intense media politics by supp&rs of the GaMikovo Water Wcrks (investors, engineers, involved political mes) has s u d e d in the creation of an effective

t. information cumin in the media. Slovak journaIists are not yet prepard to cteate a free press - there is still n tradition of dependence on the politicai order, an absence of an invatigative approach, etc. A second s e p t e problem is the lack of experience of the public in evaluating critically information presented to them. The media has acted unambiguously to polarise opinion, not creating a pEatfom for serious discussion, and has done much to turn the problem into a national one. In the las! months of 1992 the

345

relationship behveen media in Slovakia and Hungary can be characteriseci as a war.

Nationalisation of the problem

An anti-Hungarian and anti-Czech carnpaign was started by Slovak supporters of the G ~ l k o v o Water Works - the campanies involved (mainly Vodohospodarska Vystavba, Hydrostav, Hydroconsult), the Slovak Government, politicai parties (mainly the Christian Democratic Movement , the Movement for Demucratic S l o ~ , the Slovak National Party), and the media (Nafodna obroda, Pma, Slovensky dennik, etc.). Anti-Cmh sentiment was directai d y at the &FR Environment Minister, Mr. V a ~ o d e k . The campai@ grew in response to the decision of the Hungarian Govmment to stop the construction of the Nagymhs Water Works (in May 1989) and of the Hungarian side of the GaMIkovo Water Works (August 1989), the resolution of the H u n g h ParLiament quiring the Hungaian Government to negotiate only the cancellation of the agreement on GaMikoveNagyrnhs System of Water Works (April Ml), and the cancellation of the 1977 agreement by the Hungarian Government (May 1992).

The nationalisation of the problem has also corne about thtough a gened growth of nationaüsm in the region beginning in 1991 after the passing of the Slovak Language W. The quivalent growth of anli-Slovak sentiment in Hungary, and the increasing activity of the only parliamentary HungaGian political prQ in Slovaléa, the Hungarian Christian Demmratic Party, have also fueiled the rising tension surrounding the GabEücovo Water Works issue.

Phltosophical and world-view barriers

An effort to maxirni~ use of natural resources, the economic evduation of dynarnic categories of nature and lack of respect for natural and historiai vaiues and future needs is a consequence of distortes conceptions about human life.

5. lndividuals and Institutions: Positions and Attitudes

Individuais can be roughly divided into a number of categories.

Representatives of the former communist regime, who supported the GaMikovo Water Works, and who afkr the plitical changp in 1989 had to leave piitical life {e.g. Mr. Lokvenc) .

Engineers, energy experts and technical experts defending the original dam project , who later lobbied for solution closest to the original projet, alternative C (e.g. Mr. Lijh, Mr. Martinicky). An admission of past e m r for such people would amount to a major personal defeat.

Representatives of the investor, contractor and engineering state companies (Vodohospodarska Vy stavba, Hydrostav, Vahostav, etc.), who defend the interests of campanies and make an effort to maximise profits at a time of economic recession and growing unemployment, Such people have often been able to use their politid positions to

/ press their own interests (e.g. Mr. 1. &ogurskj, Mr. Binder). T'bey are =king fureign m e r s and for other business opportunities in SIovakia.

I

- Politicians punuing their own uxtoral interests, without reference to expen opinion (e.g. - - Mr. Veself, Mr. Okrhauser, ML. Mdiar, Mr. Belcak).

Politicians demanding a politid dialogue bas4 on expert opinion (e.g. Mr. Vavroukk, Mr. Huba) .

Experts in ecology , environment, nature protection and water quality who have latgely been ignored (e.g. Mr. Lisicw, Ms. Lehocl$, Mt. Smlgay, Mr. LichvAr, ML. HolEfi).

Representatives of l d governrnenls fmm the regions affected by the GaEikovo Water Works construclion, who are protesting against it.

Repreçentatives of cltizens initiatives and environmentai organisations rotesthg against the dam constmction and offering alternatives to alternative C (e.g. MI. ibI, Ms. Trubiniovi, Ms. Benkoviçsovi) .

i'

Journalists who significantly contributed to the nationalisation of the problem in she media and polarisation of attitudes (e. g. Mrs. Vavovd, Mrs. PiovarciovA}.

~ Governent bodies

The Slovak Government rnakes decisions b d on materials which are not based on conclusions of remch studies prepared by professional institue and expert commissions (for example, the decision ta prepare and begin alternative C). The Slovak Minisby for Foresby and Water Fmnomy in particular ignores expert statements. The Slovak Ministry of Environment (formerly the Slovak Commission for the Environment) does not have sufficient authority within the governrnent to tie able to enforce its position. It has, for example, had to tolerate the ilkgal construction and operation of Jtetnative C.

The &FR Feded Cornmittee of the Environment proposed solving the political problem through dialogue and reference to scientific analysis. This led to cunflicts wiih the Slovak Government. Some Czech pliticians were unwilling to participate in the solution of the GabEikovo problem.

After the 1992 the Fderal Cornmittee for the Environment was quickly dismantled, with the resutt that its work on the GaMlkovo problern was discontinued. The &FR Federal Government became increasingly unable to have any influence vrii the Slovak Government, despite the former being responsible for the problem under international hw.

The Hungarian Government adopted an extremely u n w p t i v e approach, for example, the raiution in April 1991 of the Hungarian Parliament restrîcting the Hungarian Govemment to negatiate only for the cancellirig of the agreement on the GaMikovo-Nagyrnhs Wakr Works, Since then the Huognrian Government has not off& any compromise proposais, haJ not showri my willingness to change this resolution men with conditions, has not b e n professionally prepared for discussions on altemative dutions, and hasdinstead offered a series of increasingly strong ultimatums.

I Non-govenimental organisations

Environmental. organisations, pdcularly the Slovak Union of Nature and iandscape Protectors, Eurwhain, Global 2000 and WWF, have put pressure on the Czechoslovak and Slovak Govemmenk, çulrninating in July 199 1 with the blockade of the cunstniction site of the GabZikovo Dam, supprted by I d governments and I d inhabitants. After police intervention, an extended pro-dam (pro-govemment) campaign in the media, and dter some undipIomatic moves and tactid errors on the part of the environmentalists, this pressure has decreased. The aim of the protests was io make the Slovak Govemment respect expert statements in its political decision-making, to stop constnrction of alternative C, and 50 make an obje~tive evaluation of other variants and of thfie quality of work done on the by-pass channel.

Afïer the temporary closure of some of the construction work in early 1990 and after persoyel changes in the Slovak Government, the public activities of the state cornpanies involved in construction of the GaMikovo Water Works ternprarily weakened (especidiy of W ydtostav, Vdohospodarska Vy shvba and Hydroconsult) . After the parliamentary eIections in June 1990, however, activity was renewed with greater intensity, assisted by the media, and focused on winning over public opinion. These campanies contributed to raising nationalist sentiments in Slovak society and to increasing the tensions between Slovak institutions on the one hand and Hungarian, C F ~ and Federal institutions on the other.

6. Conclusion

In order to prevent long-km environmental damage, conflict betwm H m and M a , and the esdation of violence between Wungatians and Slovaks Ining in the muth of Siwdch, it is essential to treat the Gabçlkovo p h l e m at the e x p t M. Tbe first *ps have already been taken (trilateral commissions with EC pmticipatiw), but ii ir now necessary to review al1 relevant Slovak, Hungarian and other analysa and siides and to prepate a detailed methodology and process for sheir evaluation, b a d w conçennis of di parties.

An intemational environmentd and biologid expert commissicm sbwld d u t e the environmentai impacts of alternative C and other alternatives. Tbe am& sho~ld analyse ways of rninimising environmenhl damage. (Although time is short, it is important to prepare an indepth study which wiii not leave any m m for misintqmiation.) Until this work is complete, it is necessary to case operation of the dam and aii building d v i t i a , excluding conservation works 'bd flood and environmental protec?îon works. 'Ihe natufal water regime in the Danube river bed should also be maintaineci.

The study should then be evaluated frorn an economic point of view ot is nasw to provide assistance for the Slovak Government in finding alternative momie and eoergy . options). me sesufts should be discussed with the local inhabitants.

Environmental monitoring which is independent of the GaMikovo investor, cxinkxtor and operator should be established, with a regular output of information for the public. The Slovak Government should review alI building activities on alternative C, with refw¢nce 10 SlovaIr laws and regulations, and the nineteen conditions set by the SloMk Cornroission for the Environment. In case of violation of the law, the Slovak Government &u]d take appropriate action.

At the sarne time it is nexssary to prepare conditions for plitical dialogue on the Hungaian side, tu make negotiation. possible.

The governments should set an example of dialogue, to open the way for negotiations within the jmlarised Hungarian and Slovak societies, the hardest task of aïi.

.i ro ta l o f 4S5 nuclear po.iler plants {i'er'e o [ l c i ' ~ i i r l g or Iieiiig I i i i i i t nr.uuiirl [lie i+orld iii 1993, based oii da ln rcpor-led to Ille I i i i e r r i~ l io i i~ l .-ltortiic Enci.;y .4;eiicy (1.4E.4) Pcn cr Rraclor Informa t iori Sysierii (PRIS). Diir- ir iy 1337. rilric nuclear 11o\i c i plants ir itI;~allogellicr S I S 3 SIli:(e) {i ere ne\$ lg coniieclerl Io clcct r ic i t i yridç in Cai~arIa, China, Fr-aiice, J3pa11: R U S S ~ ~ ~ 1 1 i t 1 Ille YS 1: b i . i r l y i ~ ~ y ( I I C 11 ~ ) i - i ( l ' ~ f(1t2l numbcr o f opcrfilin: rcaclor-s fo 330 i n 1 3 cu i in t i~ i cç alid Taiiran. Cliitin. AcidilionalIy, 3 tolal of 53 rc3ctors ircre r.cliui~lctl :is Iieitig coris!~ cicd cd iri I S count1-ic5. I I I 1993 ~ I I C C O I T I I I I C I Z C C I ~ I C I I ! O F 1 lie COI~SI~IICI i c l r ~ ~f si\ I.C.JC~OTS u i l11 3 101~1

c3pac i i~ ' of 3665 bIll'(c) 153s t.eporlcd: iri J31i:iri ( 1 ) . Rclii i l i l ic o f kt11 i.:i (7). i);ihis;:iii

(1): alid Russia (7)-

K u c l e a r ~iciiier's shrirc of clccli.iciiy protluçliori r-eiii3iiicd tiigli III 1193: in eight counlr.ies - - Lilhuania. 87.7%; Friiiice, 77.7%; Btlgium, 5S.95; Slovak Republic, 5 3 - 6 5 ; H u n g a r ~ . -13.3%; RepubIic uf Kurca: 40.3%; Sri.ederi, -I?.O?c ai:d Sloi eiiia, 13.3%. -- r ep rc sc i i~ i~ ig close to half or- ti1ui.c uf ilieir toi31 rlccli.irily use. .-\II i n a!l, 17 çou~itries (iricludirig Taiivati, Chiria) i'elied upori riucrcar jioiicr p l s i i t s t u suplily n l 1e~ist.a quarfer cd llieir lofal eleclricily nceds.

\\'ortdivide in 1993, tulal riuclear potver getieration ariiouiitcd Zo iilut'e thari 3096.6 teraii'aft-hours of elecli.icilg. This is more than Ihe \i.orldSs lotal elcclriciiy generatiori - - 1417 teraneatt-Iiciurs -- Froni 311 sources in 1958. Curiiutali\.e i iorlr l ivide operafirig euperietice ïrom civil nuclcar rtincfor.s a l tfie end of 1913 lias ove[- 6900 yenrs.

A table shoiving the e l c ï t r i c i l ~ supplied by riuctear poirer reactors in 1993 and the respective percentages of clectricity produced by nuclear energ!. is allached.

Nuclcx Powcr R e x i o n in opcrniion and undrr consuuciioii 3t thc cnd O [ 1993

Reacfors in operation Reactors under Eleciricily supplied construction by nuclear power

renctors in 1993 Country No or Total ND. of Total TW(e).h % or total Name uni& MWle) units MW(e1

Argentin3 2 935 1 692 7.2 11.2 Belgium 7 5527 39.5 58.9 BmiI 1 626 1 1245 0.4 0.2 Bulearia 6 3538 14.0 36.9 Canada 22 15755 88.6 17.3 China 2 119-1 1 906 2.5 0.3 Cuba 2 8115 Czcch R 4 [@R 2 1824 12.6 29.7 Finlniid 4 2310 18.8 32.4 Francc , 5 7 58033 4 5815 350.2 77.7 Gerrnany 21 22.iSSi 147.0 29.7 H u n g q 4 1723 13 O 43 3 Indin 9 1593 5 IO10 5.4 1.9 Im 1 7281 Jap.-tn 48 ?50?9 G 5CA.i 2:h.T 3tl.L) Kawkh. I 70 0.4 O i Korea RP 9 7270 7 5770 àS 4 4 0 . 3 Liihiiia 1 14711 l ? 3 57.1 hicxico 1 654 I 651 1.7 .? il

Ncihlniids I 5W ;.7 5 I Pakisi~ii 1 1 2.5 I ;O0 O.:" O 9" Rorn:iriici .> 3ii . i

-1 . .- - Russi2 79 l9S43 ? I I > 1 1:) 2 11.5

S. Afrit.1 2 1S:I 7 1 4.9 S1ax.k R 1 1632 4' 1 .iF2 11.0 57 O Slovcni:~ 1 637 i R 4 Y . i

Spain 9 7101 33 6 i 6 O Si i~dc i i 12 10001 i8.9 4 7 0 Swiiuld 5 7955 72 O 37 O UK 35 11309 1 I ISS 79.3 26 i mrainz 15 12679 6 5700 i 3 .7 - .; 2 ii

- - USA IO9 957S-i 1 2330 610.3 21.2

430 337713 53 44369 2093.4

Noie: The rolnl incIudcs the folloii irig dnia iri Tni\<,ari. Chiria: - 6 units. 3SBO h0'ïf(r) in opcrliion:

- - 3 3 nY(e).h of nuclear ctcctriciry ~cncrnrion. rcprcsciiiirig 33 5% of toid eleciriciiy gcncraicd rherc:

- 74 years 1 monih or iotnE opcraring expir icnce. Valuel; wiih nsterisk me I.AEA esriinaics.

Constriiciion sinrts durins 1993 Japm JP-56. Kzîhiivaz&~ Kmiiv3-7. B\W Korea RP KI?-15. Wolson,o3. PHWR

KR-16. Wolsong4. PmVR Pakisian PK-2, Chnsiiupp-1 PWR Rusria RU- 232. Soulh Urals 1 FBR

RU-133. Souih Urals 2 . FBR Conneciion 10 ihe end durinr 1991 Canada CA-25, Dnrlingionl PWVR China CN-2. Guançdont- l PWU Fnnce FR-68, Golrcch-7 PWR Sapan JP35. Gcnlrni-3 PWR

JP39, Hnm:ioka-4 BlVR JP-53, Kxhiwazaki K.uiwa-4 BWR JP-48, Shika- l B WR

Russia RU-99, BalA0i.o-i PWR USA US446, Commchr Pwk-2 PWR

Total Operating Ewperience to end

1993 Years MonZhs

(Source IAEA PRIS) J

351

Annex 95

BBC, SUMMARY OF WORLD BROADCASTS, EE10475 A211 - EXCERPTS, 7 JULY 1989

[Excerpts om itted]

[Question] Cornrade Depuly Chaiman, no doubt the viewers will be interested to know what the questions are and what facts led the Hungarian side 20 suspend the building of Nagymaros.

[Answer] We have been aware fiom the very beginning that the project will represent, naturally, interference with nature. That is why ecological points of view have to be considered - firstly - the influence of the water barrage on forests, the influence of the water barrage on the underground water level, the influence of the water barrage on the preservation of fauna and flora - furthemore, questions which Iead tawards clarification as to how it is possible to characterise the Nagymaros area from the seismic point of view. We are of the opinion that this area is a clam area h m this point of view, but we should still discuss it. Furthemore, the Hungarian side has indicated that one has to research some aspects of the qualis. of water and supplies of drinking water to Budapest. And last but not least, 1 should like to say that we have decided to nominate a working group with the aim of enurnerating the effects on the Czechoslovak side in case of any decision which wouId lead towards suspension of the building of the water barrage, or part of the: water barrage of Nagymaros. All the central bodies have promise4 actively to help in this endeavour.

[Excerpts ornittedl

Annex 96

BBC, SUMMARY OF WORLD BROADCASTS, EE11527 I,2 NOVEMBER 1992

Slovak Premier prepared to stop dam project "if is harrnful to the environment" (EE11523 1) Vladimir Meciar was asked on 3 1 st October, the last day of a visit to Austria, whether he would be prepared to stop the Gabcikovo project if the EC Commission concluded that he should, Radio Czechoslovakia reported. According to the radio, Meciar replieci: "If practice shows that the Gabcikovo water barrage is harmful to the environment, then we would halt it - and the question of responsibility would have to be tackled." CCSTK noted that the EC Commission had yet to receive the report which a group of experts had been due to submit that day aftes examining the situation on the spot.

Meanwhile, Hungarian Radio cited a Czechoçlovak manger [sic] at the site as saying on the 3 1st that conçtruction of the Cunovo dam had been completed and that "diversion works continue according to pians". The radio also said that 450 Hungarian environmentaliçts had crossed the border that day intending to visit the site but that they had retunied to Hungary aRer being turned away by Slovak police.

Akadérniai Nyomda, Budapest, 1394

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