Letter of Intent concerning the International Sava Basin Commission
Initiative
- The countries of Bosnia and Herzegovina, the Republic of Croatia,
the Federal Republic of Yugoslavia, being equally desirous to
cooperate in a constructive and mutually beneficial manner for
:
- establishing of navigation, maintenance and marking of
internal waterways of the Sava River and its tributaries
for regulating the international regime of navigation as
specified in the 1948 Convention on the Regime on the Navigation
on the Danube, the recommendations of the Danube Commission,
international conventions regarding inland navigation, and
the resolutions of ECE/OUN. and
together with the Republic of Slovenia for
- promoting sustainable development of the Sava Basin by
regulating utilisation, protection and management of the
Sava Basin water and related resources,
- Acknowledging the great political, economic
and social changes that have taken place in these countries
of the region during this period of time which necessitate these
efforts to re-assess, re-define and establish the future framework
for cooperation,
- Recognizing that the Sava River Basin and
the related natural resources and environment are natural assets
of immense value to all the riparian countries for the economic
and social well-being and living standards of their peoples,
- Wishing to promote the Sava river as an international
navigation route,
- Reaffirming the determination to cooperate
and promote in a constructive and mutually beneficial manner
in the sustainable development utilisation, protection and management
of the Sava River Basin water and related resources for navigational
and non-navigational purposes, for social and economic development
and the well-being of all riparian people, consistent with the
needs to protect, preserve, enhance and manage the environmental
and aquatic conditions and maintenance of the ecological balance
exceptional of this River basin,
- Taking into account the regional benefits
that could be derived and/or detriments that could be avoided
or mitigated from activities within the Sava River Basin undertaken
by this framework of cooperation,
- Realizing the necessity to provide an adequate
efficient and functional joint organizational structure to implements
the projects, programs and activities taken thereunder in cooperation
and coordination with each member and the international community,
and to address and resolve issues and problems that may arise
from the use and development of the Sava Basin water and related
resources in an amicable, timely and good neighbourly manner,
- Proclaiming further the following specific
objectives, principles,
- Areas of Cooperation To cooperate in all
fields of sustainable development, utilisation, management and
protection of the water and related resources of the Sava Basin,
including, but not limited to irrigation, hydro-power, navigation,
flood control, fisheries, timber floating, recreation and tourism,
in a manner to optimise the multiple-use and mutual benefits
of all riparian Countries and to minimise the harmful effects
that might result from natural occurrences and man-made activities.
- Projects, Programs and Planning To promote,
support, cooperate and coordinate in the development of the
full potential of sustainable benefits to all riparian States
and the prevention of wasteful use of Sava Basin waters, with
emphasis and preference on joint and/or basin-wide development
projects and basin programs through the formulation of a basin
development plan, that would be used to identify, categorise
and prioritise the projects and programs to seek assistance
for and to implement at the basin level.
- Protection of the Environment and Ecological Balance
To protect the environment, natural resources, aquatic
life and conditions, and ecological balance of the Sava Basin
from pollution or other harmful effects resulting from any development
plans and uses of water and related resources in the Basin.
- Sovereign Equality and Territorial Integrity To
cooperate on the basis of sovereign equality and territorial
integrity in the utilisation and protection of the water resources
of the Sava Basin.
- Reasonable and Equitable Utilisation To utilise
the waters of the Sava Basin system in a reasonable and equitable
manner in their respective territories, pursuant to all relevant
factors and circumstances by defining proper rules for Water
Utilisation and Inter-basin /Intra-basin Diversion.
- Maintenance of Flows on the Mainstream To
cooperate in the maintenance of the flows on the mainstream
of Sava River and its navigable tributaries from diversions,
storage releases, or other actions of a permanent nature; except
in the cases of historically severe droughts and/or floods.
- Prevention and Cessation of Harmful Effects To
make every effort to avoid, minimise and mitigate harmful effects
that might occur to the environment, especially the water quantity
and quality, the aquatic (eco-system) conditions, and ecological
balance of the river system, from the development and use of
the Sava Basin water resources or discharge of wastes and return
flows. Where one or more States is notified with proper and
valid evidence that it is causing substantial damage to one
or more riparian States from the use and/or discharge of water
of the Sava River and all its tributaries, that State or States
shall cease immediately the alleged cause of harm until such
cause of harm is determined in accordance with:
- State Responsibility for Damages Where harmful
effects cause substantial damage to one or more riparian Country(ies)
from the use of and/or discharge to waters of the Sava River
and all its tributaries by any riparian State, the party(ies)
concerned shall determine all relative factors, the cause, extent
of damage and responsibility for damages caused by that State
in conformity with the principles of international law relating
to state responsibility, and to address and resolve all issues,
differences and disputes in an amicable and timely manner by
peaceful means and in conformity with the Charter of the United
Nations, International law, and EC best practices.
- Freedom of Navigation On the basis of equality
of right, freedom of navigation shall be accorded throughout
the mainstream of the Sava River and its navigable tributaries
without regard to the territorial boundaries, for transportation
and communication to promote regional co-operation and to satisfactorily
implement projects under this agreement. The Sava River and
its navigable tributaries shall be kept free from obstructions,
measures, conduct and actions that might directly or indirectly
impair navigability, interfere with this right or permanently
make it more difficult. Navigational uses are not assured any
priority over other uses, but will be incorporated into any
mainstream project. Riparian Countries may issue regulations
for the portions of the Save River and its navigable tributaries
within their territories, particularly in sanitary, customs
and immigration matters, police and general security.
- Emergency Situations Whenever a Party becomes
aware of any special water quantity or quality problems Constituting
an emergency that requires an immediate response, it shall notify
and consult directly with the party(ies) concerned and the future
international body to be set up for managing the Sava river
without delay in order to take appropriate remedial action.
- Have resolved to establish a Sava Working
Group composed of the signatory country representatives. The
Group is tasked
- to conduct preliminary assessment and investigation
- to define the proper institutional framework that will
best suit the pursuit of above proclaimed objectives.
- to propose to the international organisations the status
and defining of the river Sava as an international navigation
route and to involve the river Sava in the European Agreement
on Main Inland Waterways of International Importance.
- to make all preparatory work necessary to finalise, before
June 2002, a draft international framework agreement on
the Sava Basin.
- The Letter of Intend signatory countries acknowledge the important
contributions for this undertakings that can come from assistance
and guidance of donors and the international partners and kindly
request their assistance in the framework provided by the Stability
Pact.
Signed in Sarajevo on 29th day of November in the year two thousand
and one Svetozar Mihajlovic
Minister of Civil Affairs and Communications of Bosnia and Herzegovina
Alojz Tu_ek
Minister of Maritime Affairs, Transportation and Communication
of the Republic of Croatia Branco Mahne
Secretary of State, Minister of Transport -Maritime Office of
the Republic of Slovenia Stanimir Vukicevic
Ambassador of the Federal Republic of Yugoslavia to Bosnia and
Herzegovina |
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