On approval of the Agreement on Hydrometeorological Cooperation in the Caspian Sea

New Unofficial translation

Decree of the Government of the Republic of Kazakhstan dated July 16, 2015 No. 533.

      Unofficial translation

      The Government of the Republic of Kazakhstan HEREBY DECREES:

      1. To approve the attached Agreement on Hydrometeorological Cooperation in the Caspian Sea made in Astrakhan, on September 29, 2014.

      2. This decree shall enter into force from the date of its signing.

      Prime Minister
      of the Republic of Kazakhstan К. Massimov

  Approved
by decree of the Government
of the Republic of Kazakhstan
dated July 16, 2015 no.533

AGREEMENT
on Hydrometeorological Cooperation in the Caspian Sea

      The Governments of the Republic of Azerbaijan, the Islamic Republic of Iran, the Republic of Kazakhstan, the Russian Federation, Turkmenistan, hereinafter referred to as the Parties, by virtue of the wish to develop comprehensively friendly and neighborly relations;

      Noting the uniqueness of the natural complex of the Caspian Sea, its significant natural resource and economic potential, the rational use of which is extremely important for the sustainable development of the states of the Parties;

      taking into account the special hydrometeorological conditions of the Caspian Sea due to periodic fluctuations in its level, as well as the intensification of economic activity in its basin, which requires additional efforts from the National Meteorological and Hydrological Services (hereinafter - NMHS) of the Parties to meet the growing needs for hydrometeorological support for this activity;

      showing concern of possible global and regional climate changes that could adversely affect the state of the Caspian Sea;

      noting the significance of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea (Tehran Convention), as one of mechanisms of development of cooperation between the states of the Parties;

      emphasizing the need to create and develop a regional system for receiving and exchanging hydrometeorological information on the state of the Caspian Sea to ensure the solution of environmental, economic and social problems in this region;

      expressing the determination to join forces and organize close cooperation of the Parties in the field of hydrometeorology of the Caspian Sea;

      taking into account the experience of international cooperation in the field of hydrometeorology in other water areas, including those supported by the World Meteorological Organization

      (WMO) and the UNESCO Intergovernmental Oceanographic Commission (IOC),

      have agreed as follows:

Article 1

      For the purposes of the present Agreement, the following terms shall be used:

      “Caspian Sea conditions” means a set of hydrometeorological (meteorological, oceanographic and hydrological) parameters, characterizing physical phenomena and processes occurring in the Caspian Sea and the mouths of the rivers flowing into it in the range of time scales from several hours to several decades;

      “observation of of the Caspian Sea conditions” means measurements and visual monitoring of a set of hydrometeorological parameters, characterizing physical phenomena and processes occurring in the Caspian Sea and the mouths of the rivers flowing into it;

      “observational network” means a system of stationary and mobile (floating) marine observation points for the state of the Caspian Sea;

      “information about the Caspian Sea conditions” means actual (directly measured at a certain point in time) and generalized (climate regime) observational data and forecasts of the Caspian Sea conditions;

      “obtaining information about the Caspian Sea conditions” means the activities on monitoring the Caspian Sea conditions, collecting and processing the data of monitoring for the purposes of obtaining generalized (climate regime) observational data and forecasts of the Caspian Sea conditions;

      “regional system for obtaining and exchange of information about the Caspian Sea conditions” means the set of observational networks and technical means of observation, processing and dissemination of information on the state of the Caspian Sea, owned by the states of the Parties.

Article 2

      The goals of the present Agreement are the creation and development of an integrated regional system for receiving and exchanging information on the Caspian Sea conditions in the interests of ensuring the safety of life and the sustainable development of economic activity at sea.

Article 3

      With a view to achieving the goals of the present Agreement, the Parties shall:

      ensure the functioning and development of national observational networks, including coastal, island and estuarine stations and posts, open, if necessary, new stations and / or posts;

      apply internationally recognized WMO / UNESCO IOC standards with respect to methods for observing hydrometeorological parameters, coordinate reference systems and select benchmarks and establish other fundamental rules, coordinate national guidelines for hydrometeorological work at sea and coast stations and posts;

      establish agreed requirements for national systems for the collection, storage and dissemination of information on the Caspian Sea conditions;

      prepare reference materials containing generalized (climatic) data on the Caspian Sea conditions;

      design and build databases of observations of parameters related to the Caspian Sea conditions;

      develop the basics of a single geographic information system displaying the information about the Caspian Sea conditions;

      improve the methods of forecasting of the Caspian Sea conditions, including the forecast of sea level fluctuations of various lead times;

      improve methods of assessment and comprehensive analysis of the elements of the water balance of the Caspian Sea, including flows in the boundary layer of the atmosphere and sea;

      coordinate among themselves measures for training and advanced training of personnel in the field of hydrometeorology of the Caspian Sea.

Article 4

      The established Caspian Hydrometeorology Coordinating Committee, hereinafter referred to as the Committee, shall coordinate the activities of the Parties, aimed at achieving the goals and implementing the provisions of the present Agreement.

      The Committee shall:

      а) develop and approve the intergovernmental integrated program for hydrometeorology of the Caspian Sea, hereinafter referred to as the Program;

      b) coordinate and combine the efforts of the Parties to implement the present Agreement and the Program;

      c) inform the Parties about its activities;

      d) submit for consideration of the Parties recommendations regarding measures necessary to achieve the goals of the present Agreement;

      e) contribute to the development of cooperation of NMHS of the Parties with companies operating in the Caspian Sea, as well as with international organizations and programs interested in implementing the Program and achieving the goals of the present Agreement;

      f) consider other issues related to the implementation of the provisions of the present Agreement;

      g) monitor the implementation of the present Agreement on a continuous basis.

Article 5

      Each Party shall nominate one representative to the Committee (from the NMHS of the Parties). Representatives of the Parties at sessions of the Committee may be accompanied by experts and advisers.

      Decisions of the Committee shall be adopted unanimously.

      The Chairman and Deputy Chairman of the Committee shall be appointed for a period of two years according to the principle of rotation in the English alphabet of the names of the states of the Parties.

      Sessions of the Committee shall be held annually on the territory of one of the states of the Parties in the English alphabetical order of the names of the states of the Parties. Extraordinary sessions can be organized at the request of one of the members of the Committee, supported by the rest of its members.

      To perform its functions, the Committee shall establish its own rules of procedure and financial rules that do not contradict the laws of the states of the Parties.

      The official languages of the Committee shall be the state languages of the states of the Parties, as well as English. The working languages of the Committee shall be English and Russian languages.

      The functions of the Secretariat of the Committee shall be performed by the NMHS of the Party, the representative of which shall be the Chairman of the Committee.

Article 6

      Costs associated with participation of a Party in implementation of the present Agreement and the Program shall be borne by each Party independently, using additional funds allocated by interested international organizations and companies on the basis of special agreements.

Article 7

      The protection and distribution of intellectual property rights to the results of joint work obtained in the framework of cooperation between the Parties on the basis of the present Agreement shall be carried out in accordance with the laws of the States of the Parties and their obligations under applicable international treaties in the field of intellectual property.

Article 8

      Disagreements between the Parties regarding the interpretation and application of the provisions of the present Agreement shall be resolved through negotiations and consultations.

Article 9

      No provisions of the present Agreement are interpreted as predetermining the outcome of negotiations on the legal status of the Caspian Sea.

Article 10

      Any Party may propose amendments to the Agreement. Such amendments shall be adopted by unanimous decision of the Parties. The entry into force of amendments requires the implementation of the same procedure as the entry into force of the Agreement itself. Amendments to the present Agreement shall enter into force in accordance with the procedure stipulated by article 14 of the present Agreement.

Article 11

      No reservations to the present Agreement are permitted..

Article 12

      The Islamic Republic of Iran shall be the Depositary of the present Agreement. The Depositary shall inform the Parties about the date of entry into force of the present Agreement, as well as the receipt of written notifications from the relevant Parties on the implementation of domestic procedures necessary for its entry into force.

Article 13

      The present Agreement is made in a single copy, which shall be deposited with the Depositary. The texts of the Agreement in Azerbaijani, Kazakh, Russian, Turkmen, Farsi and English are equally authentic. In case of disagreement, the Parties shall refer to the text in English.

Article 14

      The present Agreement shall enter into force on the ninetieth day after the date of receipt by the Depositary through diplomatic channels of the last written notification of the completion by the Parties of the domestic procedures necessary for its entry into force.

      Each of the Parties may withdraw from the present Agreement by notifying the Depositary thereof. For this Party, the present Agreement will be valid until 12 months from the date of receipt of such notification by the Depositary.

      IN WITNESS WHEREOF the undersigned, duly authorized representatives of the Parties, have signed the present Agreement

      Made in the city of Astrakhan, on September 29. 2014

      For the Government of the Republic of Azerbaijan
      For the Government of the Islamic Republic of Iran
      For the Government of the Republic of Kazakhstan
      For the Government of the Russian Federation
      For the Government of the Turkmenistan

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