普雷斯帕园区的保护和可持续发展协议
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:22011A1004(01)
OJ编号:OJ L 258, 4.10.2011, p. 2-8
中文标题:普雷斯帕园区的保护和可持续发展协议
原文标题:Agreement on the Protection and Sustainable Development of the Prespa Park Area
分类:15.10.40_国际合作;15.10.20.20_水资源保护与管理
文件类型:外部关系 Agreement, opinion|协议、意见
废止日期:2058-12-31
法规全文:查看欧盟官方文件
HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" L 258/2
EN
Official Journal of the European Union
4.10.2011
AGREEMENT
on the Protection and Sustainable Development of the Prespa Park Area
The Ministries of the Environment of the three States sharing the Prespa Lakes Area and the European Union, hereinafter
referred to as ‘The Parties’,
MINDFUL of the Declaration of the Prime Ministers of the three States of 2 February 2000 on the Creation of the Prespa
Park and the Environmental Protection and Sustainable Development of the Prespa Lakes and their Surroundings,
RECALLING the Joint Statement of the Prime Ministers of the three States sharing the Prespa Lakes basin of
27 November 2009 at Pyli,
CONSIDERING that the Prespa Lakes and their surrounding basin are a unique natural area whose geomorphological,
ecological, biodiversity and cultural significance is of international importance, as a vital habitat for the conservation of
numerous rare and/or endemic fauna and flora species, as a nesting place of globally threatened birds, and as a depository
of significant archaeological and traditional heritage,
RECOGNISING their common responsibility for the conservation of the Prespa Lakes basin ecosystem and its
components as well as for its natural beauty, as a basis for the economic and social well-being of its inhabitants and
for creating economic development opportunities (including agriculture, fisheries and tourism),
CONVINCED that only through adopting a holistic approach at the basin level can they ensure and maintain the
biodiversity, the key functions and the human benefits of the Prespa Lakes basin,
AWARE that individual actions of countries are not sufficient to bring about conservation of the ecosystems of Prespa
and its cultural heritage, while improving the standard of living of its inhabitants,
WISHING to enhance cooperation among competent authorities and stakeholders in the three States in order to maintain
and protect the unique ecological values of the Prespa Lakes basin and prevent and/or reverse the causes of its habitat
degradation, as requested by the Declaration of the Prime Ministers of 2 February 2000,
RESOLVED to explore appropriate management methods for the sustainable use and protection of the Prespa Lakes water
and freshwater ecosystems, as requested by the Declaration of the Prime Ministers of 2 February 2000, and in accordance
with the requirements of the EU Water Framework Directive 2000/60/EC and related Directives,
AWARE of the long history of human use of the area and the compatibility of traditional uses with nature conservation,
CONFIRMING their commitment to the sustainable development of the Prespa Lakes basin that can be brought about in a
coherent way through transboundary cooperation, in accordance with the principles of the European Union’s integration
process,
TAKING NOTE of the Drin dialogue initiated in 2009 amongst competent authorities and stakeholders towards the
development of a shared vision for the sustainable management of the Drin basin and the promotion of transboundary
cooperation,
BEARING IN MIND the relevant provisions of international legal instruments in force in the field of environmental
protection to which they are parties or signatories,
RECALLING the bilateral agreements in force between the Parties concerning cooperation in the field of environmental
protection and sustainable development,
BEARING in mind that one of the Parties is a Member State of the European Union, one is a candidate country for EU
membership and one is potential candidate country for EU membership and that the latter two have also concluded a
Stabilisation and Association Agreement with the EU,
RECOGNISING the differentiated but complementary capacity of governmental and non-governmental organisations in
the three State Parties with respect to the conservation and management of the Prespa area,
TAKING INTO ACCOUNT the experience gained from the trilateral cooperation in the framework of the Prespa Park
since 2000 through the operation of the interim Coordination Committee and its Secretariat,
EN
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the
European
Union L
258/3
TAKING INTO ACCOUNT the Strategic Action Plan for the Sustainable Development of the Prespa Park elaborated
within the framework of the interim Coordination Committee and its Secretariat,
HAVE AGREED AS FOLLOWS:
PART ONE
(c) protect and conserve the biodiversity of the Area by
protecting especially the endemic, rare, threatened or
GENERAL PROVISIONS
endangered species of flora and fauna and by restoring
Article 1
and managing sensitive habitats as well as ecosystems and
ecosystem services, on the basis of international and
Definitions
EU legislation including Directives 92/43/EEC and
For the purposes of this Agreement:
2009/147/EC, and the EU Biodiversity Policy;
— the ‘Prespa Park Area’ (the ‘Area’) is the geographical area in
the territory of the three States included in the basin of the
(d) protect the soil from erosion, depletion, infections and
Prespa Lakes, comprising surface and properly assigned
pollution;
groundwaters, and designated as a transboundary
protected area under the Declaration of 2 February 2000,
(e) ensure, promote and control the prudent use of natural
resources and the sustainable development of the Prespa
— ‘Transboundary Impact’ means any effect on the
Park Area;
environment within an area under the jurisdiction of a
Party, including adverse effects on human health and
safety, flora, fauna, soil, air, water, climate, landscape and
historical monuments or other physical structures or the
(f) prevent introduction and breeding of alien animal and plant
interaction among these factors, as well as effects on
species;
cultural heritage or socioeconomic conditions, resulting
from alterations to those factors, caused by a change, the
physical origin of which is situated wholly or in part within
the area under the jurisdiction of another Party.
(g) effectively regulate the activities which cause or may cause
negative impact in the Prespa Lakes Area in order to prevent
or minimise such effects.
Article 2
Objective of the Agreement
The Parties shall cooperate in order to ensure an integrated
2. To
this
end,
the
Parties
shall:
protection of the ecosystem and the sustainable development
of the Prespa Park Area, including the development of inte
grated river basin management plans, according to international
and European Union standards.
(a) design and implement integrated management plans and
programmes for the protection and sustainable development
of the Area, in accordance with the Strategic Action Plan for
PART TWO
the Sustainable Development of the Prespa Park;
PRINCIPLES OF COOPERATION
Article 3
(b) develop coherent strategies for spatial, urban and other
Basic obligations
land-use plans as well as protected area management
plans, in order to ensure the watershed’s land management
1. For the fulfilment of the objectives of Article 2, the Parties
according to the principle of sustainable development and
shall take the necessary measures and apply best available tech
to the increased protection required for the Area, on the
niques, individually and in cooperation on the basis of
basis of international and EU legislation including Directives
sovereign equality, territorial integrity, mutual benefit, and
92/43/EEC and 2009/147/EC;
good faith, to:
(a) manage prudently the water quality and quantity of the
(c) approve and apply faithfully the environmental standards
Prespa Lakes giving special attention to the water level of
and criteria for the watershed as described in Article 4;
both lakes;
(b) prevent, control and reduce pollution of the waters in the
(d) adopt and implement legal, administrative, economic,
Prespa Lakes Area;
financial and technical measures in order to ensure:
L 258/4
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Official Journal of the European Union
4.10.2011
(i) the application to the maximum possible extent of
Article 5
sustainable agriculture and low-impact animal
breeding based on the Area’s carrying capacity and
Sustainable water management
fishing rules compatible with the prudent use concept;
The Parties agree to cooperate on the management of the
waters of the Prespa Park Area in a sustainable manner. This
includes integrated management of surface and groundwater
(ii) the management of household and agricultural waste
resources at basin level, on the basis of Directive 2000/60/EC
according to best available techniques;
and related Directives, that shall provide for:
(iii) the amelioration and modernisation of road and
(a) water in sufficient quantity and of appropriate quality for
communication networks and other social infra
drinking purposes;
structure and services in a manner consistent with the
protection of biodiversity, the conservation of the
protected areas and the sustainable development of
(b) water in sufficient quantity and of appropriate quality for
the Prespa Park Area;
the preservation, protection, and, if necessary, restoration of
natural aquatic ecosystems, including wetlands, and their
functions;
(e) facilitate the regular exchange of ideas among the Parties,
conserve traditional architecture and monuments, develop
and implement a joint strategy for the touristic development
(c) water in sufficient quantity and of appropriate quality for
of the Area, and promote public awareness and environ
other legitimate uses contributing to sustainable economic
mental education as a means for reaching local solutions;
and social development of local societies, taking into
account the need to adapt to possible impacts of climate
change;
(f) expedite the full and effective realisation of the watershed
community individuals’ rights of access to environmental
information, public participation in decision-making in
environmental matters, and access to justice in such matters;
(d) rehabilitation or alleviation of the negative impacts of past
hydrological interventions, with special emphasis on the
River Devolli – Lake Micro Prespa system;
(g) establish and maintain an effective, common standard
system of monitoring in order to observe, manage and
control the environmental state of the Lakes and their
(e) protection against detrimental effects of water (flooding,
watershed;
erosion, etc.) using best available techniques;
(h) in case of contingencies, adopt common measures to
(f) resolution of conflicts of interest caused by different uses;
quickly evaluate and mitigate them.
and
Article 4
(g) effective control of the water management regime that shall
be established.
Environmental standards and criteria
1. The
Parties
to
this
Agreement,
with
the
assistance
of
the
Committee described in Article 10, shall set out the exact
To that effect, the Parties will set up the Working Group on
criteria, standards, limits and objectives for the protection,
Water as laid down in Article 14.
conservation and development of the Area in accordance with
the objectives of Article 2.
Article 6
Exchange of data and information
2. For
this
purpose,
the
Parties
shall
take
appropriate
steps
to:
The Parties will organise a formal system for regular exchange
of information among their competent authorities in order to
assist in achieving effective protection of the Prespa Park Area,
(a) implement the legal commitments stemming from inter
including exchange of:
national and EU norms and standards for the protection
and conservation of the Lakes and their watershed;
(a) qualitative and quantitative data on water, aquatic
ecosystems, and important habitats and species;
(b) adjust relevant national environmental standards and criteria
to local conditions and requirements of the watershed;
(b) experience gained through the application of best available
techniques and results of research and development in the
(c) require the use of the best available technology and contem
fields of wetland protection, water management, and
porary environmental practices.
measures for prevention, reduction and control of pollution.
EN
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Union L
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Article 7
2. The
Prespa
Park
Management
Committee
shall
have
the
international legal capacity of a plurilateral institution necessary
Transboundary impact
for the exercise of its functions, including keeping relations with
The Parties shall cooperate with a view to agree measures aimed
donors in order to secure projects and donations, which will be
at securing the integrity of the environment, and especially
used for the implementation of this Agreement.
water, in the Area and the elimination or reduction of trans
boundary impacts on the environment caused by human
3. The
Prespa
Park
Management
Committee
shall
have
the
activities. In particular, they shall cooperate on developing and
following composition:
applying appropriate environmental impact assessment
procedures in the Area, in accordance with the Espoo
(a) one representative of the Ministry of Environment of each
Convention on environmental impact assessment in a trans
State Party and one representative of the European Union;
boundary context, to which they are parties.
(b) one representative from the local communities in the Prespa
Article 8
region from each State Party;
Cooperation with international organisations and donors
(c) one representative of the environmental non-governmental
In implementing this Agreement, the Parties shall seek partners
organisations (NGOs) from each State Party, with significant
locally, nationally and internationally, and will especially
local activities in the Prespa area;
cooperate with:
(d) one representative of the local protected area management
— the Ramsar Convention and the MedWet Initiative,
authorities from each State Party;
— UNDP,
(e) one permanent observer from the MedWet Initiative of the
Convention on Wetlands (Ramsar);
— GEF,
(f) one permanent observer from the Ohrid Management
— bilateral donors active in the region, such as KfW, GTZ and
Committee.
SDC,
The Parties’ representatives in the Committee shall be formally
— Unesco,
nominated within 3 months from the entry into force of this
Agreement.
— IUCN,
4. The
Committee
shall
meet
on
a
regular
basis
(twice
a
year). An extraordinary Committee meeting shall be called at
— Institutions of the European Union, and
the request of any of the Parties.
— others.
5. Each
calendar
year
the
venue
of
the
regular
meetings
will
rotate among the three State Parties. Therefore, two consecutive
ordinary meeting will be held in each State every 3 years.
PART THREE
Preferably, regular meetings should be held in the Prespa region.
MECHANISMS OF COOPERATION
Article 9
6. The
meetings
shall
be
chaired
by
the
representative
of
the
State Party in which they are held. The term of the chair follows
High-level segment
the annual rotation of paragraph 5.
The Ministers of Environment of the three State Parties and the
representative of the EU shall meet regularly to review progress
7. The
work
of
the
Committee
will
be
carried
out
in
English.
in the implementation of this Agreement and in achieving the
objectives of Article 2, to review the work of the Prespa Park
8. At
its
first
meeting,
the
Committee
shall
approve
its
Management Committee and subsidiary organs, to set the
internal rules of organisation and procedure.
agenda of joint activities in the Prespa Park Area for the
coming period, and to provide political guidance. These
9. The
Committee
may
invite
experts
to
participate
at
its
meetings will take place at least once every 2 years, unless
meetings, depending on the theme of the meeting, and may
otherwise decided by the Parties, or at the written request of
form working groups on specific issues composed of experts
any Party, at a venue rotating between the three State Parties.
and officials. The first working group is established under this
Agreement (Article 14) on water management issues.
Article 10
Prespa Park Management Committee
10. Four
years
after
the
beginning
of
its
operation,
the
func
tioning and effectiveness of the Prespa Park Management
1. In
order
to
ensure
effectiveness
in
the
achievement
of
the Committee will be reviewed by the High-level segment of
objectives and commitments specified in this Agreement, the
Article 9 and, if necessary, its composition and terms of
Parties hereby establish the Prespa Park Management
reference will be adjusted in accordance with Article 17 of
Committee.
this Agreement.
L 258/6
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4.10.2011
Article 11
(4) evaluate the results of ongoing actions according to the
objectives of Article 2, and disseminate its findings widely;
Functions of the Management Committee
The Prespa Park Management Committee shall:
(5) serve as the steering body for GEF and other similar
programmes and projects concerning the Area;
(1) monitor and coordinate the activities carried out for the
protection and sustainable development of the Prespa Park
(6) identify and propose possible funding sources at a
Area in the implementation of this Agreement and of the
national, European and international level for necessary
Strategic Action Plan for the Sustainable Development of
actions, measures and projects;
the Prespa Park;
(7) gather any available information related to the Lakes and
their watershed, ask for and receive proposals from
(2) identify and recommend to the Parties and other interested
governmental institutions, bodies and NGOs in order to
actors next steps and necessary actions, measures and
improve its work and to increase the commitment of the
activities for the implementation of this Agreement, and
Parties to the implementation of the Agreement;
invite them to cooperate, to coordinate and carry out joint
projects. More specifically, the Committee shall assist the
Parties in implementing and strengthening the effectiveness
(8) prepare and publish an annual report on the state of the
of this Agreement by providing recommendations and
environment for the Prespa Park Area, which will include
opinions on:
one section where the Committee’s work would be
described;
(a) the drafting and application of standards, environ
(9) liaise with the Ohrid Management Committee, acquire
mental criteria and requirements, which will serve as
observer status at its meetings and coordinate action in
the basis for accomplishing integrated protection and
order to achieve the best results in the protection and
sustainable development of the Lakes and their
sustainable development of the wider region;
watershed;
(10) contribute as appropriate to the process for the sustainable
management of the extended Drin basin dialogue;
(b) the completion of the regulatory framework of the
watershed area, including spatial plans and protected
area regulations and management plans;
(11) contribute to the mobilisation of resources of the Parties
and the international community, as appropriate, to
manage the risks and mitigate the negative impacts, in
(c) the drafting and application of strategies, integrated
case of unexpected events, such as floods, forest fires
management plans and programmes to be imple
and other natural or anthropogenic catastrophes as well
mented in the Prespa Park Area, which affect or may
as to protect the vulnerable ecosystems of the Area and
affect the achievement of the objectives of this
their functions and services from the effects of climate
Agreement;
change.
Article 12
(d) the application of a programme of effective moni
toring in order to observe, manage and control the
Decisions of the Management Committee
state of the environment and the status of surface
1. The
Committee
shall
decide
by
consensus.
In
case
and ground waterbodies;
consensus is not reached, the issue shall be referred for
settlement to the High-level segment.
(e) the definition of priority directions and programmes of
scientific study and research for the protection and
2. The
Committee
shall
address
its
recommendations
to
the
sustainable development of the Prespa Park Area and
Parties.
the promotion of publication of expert information;
3. Each
Party
shall
implement
the
Committee
recommen
dations in accordance with domestic law and shall report
(f) the gathering, elaboration and publication of environ
regularly to the Committee on measures taken for their imple
mental information on the Prespa Lakes Area;
mentation.
(g) the promotion of public, NGO and other stakeholders’
4. In the event that a Party is unable or only partly able to
participation in the protection of the Lakes and their
implement a Committee recommendation, it shall inform the
watershed;
Committee to this effect, explain the reasons for the non-imple
mentation and propose the modalities and the timing for imple
mentation.
(3) facilitate the coordination of planning and activities with
transboundary relevance by local protected area
5. The
Committee
shall
keep
a
register
of
the
decisions
management bodies in the three States involved;
taken.
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European
Union L
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Article 13
5. The
seat
of
the
Secretariat
shall
be
located
in
Aghios
Germanos, Greece, for a period of 4 years, on rotating basis,
Secretariat
or until it is otherwise decided by the Committee.
1. The
Committee
is
assisted
by
a
subsidiary
technical
organ,
the Secretariat, in fulfilling its duties.
6. The Committee is authorised to conclude a Seat
Agreement with the host country on the exercise of its
2. The
Secretariat
will
consist
of
three
persons,
one
from functions.
each State Party, appointed by the Ministry of Environment
and headed by an expert in transboundary cooperation on
Article 14
protected areas and river basin management to be chosen by
the Committee through an international call for applications.
Working Group on Water Management
1. The
Prespa
Park
Management
Committee
will
establish
a
Working Group on Water Management, according to the
3. The
work
of
the
Secretariat
shall
be
guided
by
the
decisions of the Management Committee and shall be
provisions of Article 10.
supervised by the Chairperson of this Committee.
2. The
State
Parties,
after
consultation,
shall
nominate
authorities and bodies competent for water management in
4. The
Secretariat
shall
have
the
following
specific
tasks
to
be the part of the Prespa Park within their territories as members
performed with the limits of budget availability:
of this Working Group and inform on such nomination the
chairperson of the Prespa Park Management Committee.
(a) preparation of the yearly work plan of the Prespa Park
Management Committee with detailed budget, and of
3. The
Working
Group
on
Water
Management
will
propose
issue-related work plans (e.g. a communication plan) with
recommendations based on the principles of integrated river
detailed budgets and follow-up of their implementation;
basin management, as reflected in the EU Water Framework
Directive (2000/60/EC), for the adoption of the Management
Committee.
(b) preparation or assistance in the preparation of meetings
held in the framework of this Agreement;
4. The
specific
tasks
and
mandate
of
the
Working
Group
will
be defined through consultations between the State Parties.
(c) facilitation of consultations on policy and other relevant
matters related to this Agreement between stakeholders,
5. The
operational
costs
of
the
Working
Group
on
Water
and consultations at the policy-making and technical level
Management (participation in and organisation of meetings)
by working groups and/or expert groups;
shall be covered for a period of 4 years after the entry into
force of this Agreement, by the Hellenic Ministry of
Environment, Energy and Climate Change.
(d) collection, assessment and dissemination of data and
information on legislation, measures and activities that
have or may have significant effects on the achievement
Article 15
of the objectives of Article 2;
Expenses of Joint Bodies
1. The implementation of the work plan of the Prespa Park
(e) follow-up of joint projects;
Management Committee shall be financed by regular annual
contributions of the Parties and from other sources.
(f) compilation, evaluation, publication and promotion of
scientific research and cooperation in the Prespa Park Area;
2. Each
Party
shall
in
principle
bear
the
expenses
associated
with the participation of its national members in the meetings
of the Committee, the Secretariat and working groups, with the
(g) contacts and meetings with donors; preparation or
exception of Article 14(5).
assistance in the preparation of project documents;
3. The
Party
in
whose
territory
a
Committee
meeting
will
be
organised shall bear the cost of organising the meeting.
(h) translation of key documents; technical and secretarial
support to the local community representatives;
4. The
Secretariat
will
prepare
an
annual
budget
covering
its
costs and submitted for approval to the Committee, which shall
(i) representation of the Committee in international fora;
be financed by regular annual contributions of the State Parties
and from other sources. Office facilities will be provided by the
Party where the Secretariat is located, normally outside the
(j) any other duty assigned to it by the Committee.
budget.
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PART FOUR
Article 19
DISPUTE SETTLEMENT
Relation with other Agreements
Article 16
1.
Nothing in the present Agreement shall affect the rights or
obligations of a Party arising from any agreement that is in
In case of a dispute between the Parties regarding the interpre
force on the date on which this Agreement comes into force.
tation or application of this Agreement, the Parties shall seek a
Nothing in this Agreement shall affect the rights or obligations
solution by negotiation or by any other means of international
of a Party arising from EU law.
dispute settlement acceptable to them.
2. For the implementation of this Agreement the Parties may
PART FIVE
enter into bi- or trilateral agreements or arrangements, which
FINAL PROVISIONS
shall not be in conflict with this Agreement.
Article 17
Article 20
Amendments to the Agreement
Duration and Withdrawal
1. Any
Party
may
propose
amendments
to
the
present This Agreement shall remain in force indefinitely unless one of
Agreement.
the Parties, through diplomatic channels, notifies its wish to
withdraw from it, in which case the Agreement shall be
2. Any
amendment
to
the
present
Agreement
shall
be
agreed terminated 6 months after the date of such written notification.
by consensus. Amendments shall enter into force in accordance
Unless otherwise agreed, such a termination shall not affect the
with the procedure set forth in paragraph 2 of Article 18.
validity of any ongoing arrangements or projects made under
this Agreement,
Article 18
Entry into force
Done at Pyli on the second day of February in the year two
1. This
Agreement
will
be
subject
to
ratification
according
to thousand and ten, in four originals in the English language, all
the domestic procedures of each Party.
being equally authentic.
2. This
Agreement
shall
enter
into
force
on
the
day
of
reception of the last written notification by which the Parties
IN WITNESS THEREOF the undersigned, being duly authorised
shall notify each other the ratification of the Agreement.
thereto, have signed this Agreement.
EN
Official Journal of the European Union
4.10.2011
AGREEMENT
on the Protection and Sustainable Development of the Prespa Park Area
The Ministries of the Environment of the three States sharing the Prespa Lakes Area and the European Union, hereinafter
referred to as ‘The Parties’,
MINDFUL of the Declaration of the Prime Ministers of the three States of 2 February 2000 on the Creation of the Prespa
Park and the Environmental Protection and Sustainable Development of the Prespa Lakes and their Surroundings,
RECALLING the Joint Statement of the Prime Ministers of the three States sharing the Prespa Lakes basin of
27 November 2009 at Pyli,
CONSIDERING that the Prespa Lakes and their surrounding basin are a unique natural area whose geomorphological,
ecological, biodiversity and cultural significance is of international importance, as a vital habitat for the conservation of
numerous rare and/or endemic fauna and flora species, as a nesting place of globally threatened birds, and as a depository
of significant archaeological and traditional heritage,
RECOGNISING their common responsibility for the conservation of the Prespa Lakes basin ecosystem and its
components as well as for its natural beauty, as a basis for the economic and social well-being of its inhabitants and
for creating economic development opportunities (including agriculture, fisheries and tourism),
CONVINCED that only through adopting a holistic approach at the basin level can they ensure and maintain the
biodiversity, the key functions and the human benefits of the Prespa Lakes basin,
AWARE that individual actions of countries are not sufficient to bring about conservation of the ecosystems of Prespa
and its cultural heritage, while improving the standard of living of its inhabitants,
WISHING to enhance cooperation among competent authorities and stakeholders in the three States in order to maintain
and protect the unique ecological values of the Prespa Lakes basin and prevent and/or reverse the causes of its habitat
degradation, as requested by the Declaration of the Prime Ministers of 2 February 2000,
RESOLVED to explore appropriate management methods for the sustainable use and protection of the Prespa Lakes water
and freshwater ecosystems, as requested by the Declaration of the Prime Ministers of 2 February 2000, and in accordance
with the requirements of the EU Water Framework Directive 2000/60/EC and related Directives,
AWARE of the long history of human use of the area and the compatibility of traditional uses with nature conservation,
CONFIRMING their commitment to the sustainable development of the Prespa Lakes basin that can be brought about in a
coherent way through transboundary cooperation, in accordance with the principles of the European Union’s integration
process,
TAKING NOTE of the Drin dialogue initiated in 2009 amongst competent authorities and stakeholders towards the
development of a shared vision for the sustainable management of the Drin basin and the promotion of transboundary
cooperation,
BEARING IN MIND the relevant provisions of international legal instruments in force in the field of environmental
protection to which they are parties or signatories,
RECALLING the bilateral agreements in force between the Parties concerning cooperation in the field of environmental
protection and sustainable development,
BEARING in mind that one of the Parties is a Member State of the European Union, one is a candidate country for EU
membership and one is potential candidate country for EU membership and that the latter two have also concluded a
Stabilisation and Association Agreement with the EU,
RECOGNISING the differentiated but complementary capacity of governmental and non-governmental organisations in
the three State Parties with respect to the conservation and management of the Prespa area,
TAKING INTO ACCOUNT the experience gained from the trilateral cooperation in the framework of the Prespa Park
since 2000 through the operation of the interim Coordination Committee and its Secretariat,
EN
4.10.2011 Official
Journal
of
the
European
Union L
258/3
TAKING INTO ACCOUNT the Strategic Action Plan for the Sustainable Development of the Prespa Park elaborated
within the framework of the interim Coordination Committee and its Secretariat,
HAVE AGREED AS FOLLOWS:
PART ONE
(c) protect and conserve the biodiversity of the Area by
protecting especially the endemic, rare, threatened or
GENERAL PROVISIONS
endangered species of flora and fauna and by restoring
Article 1
and managing sensitive habitats as well as ecosystems and
ecosystem services, on the basis of international and
Definitions
EU legislation including Directives 92/43/EEC and
For the purposes of this Agreement:
2009/147/EC, and the EU Biodiversity Policy;
— the ‘Prespa Park Area’ (the ‘Area’) is the geographical area in
the territory of the three States included in the basin of the
(d) protect the soil from erosion, depletion, infections and
Prespa Lakes, comprising surface and properly assigned
pollution;
groundwaters, and designated as a transboundary
protected area under the Declaration of 2 February 2000,
(e) ensure, promote and control the prudent use of natural
resources and the sustainable development of the Prespa
— ‘Transboundary Impact’ means any effect on the
Park Area;
environment within an area under the jurisdiction of a
Party, including adverse effects on human health and
safety, flora, fauna, soil, air, water, climate, landscape and
historical monuments or other physical structures or the
(f) prevent introduction and breeding of alien animal and plant
interaction among these factors, as well as effects on
species;
cultural heritage or socioeconomic conditions, resulting
from alterations to those factors, caused by a change, the
physical origin of which is situated wholly or in part within
the area under the jurisdiction of another Party.
(g) effectively regulate the activities which cause or may cause
negative impact in the Prespa Lakes Area in order to prevent
or minimise such effects.
Article 2
Objective of the Agreement
The Parties shall cooperate in order to ensure an integrated
2. To
this
end,
the
Parties
shall:
protection of the ecosystem and the sustainable development
of the Prespa Park Area, including the development of inte
grated river basin management plans, according to international
and European Union standards.
(a) design and implement integrated management plans and
programmes for the protection and sustainable development
of the Area, in accordance with the Strategic Action Plan for
PART TWO
the Sustainable Development of the Prespa Park;
PRINCIPLES OF COOPERATION
Article 3
(b) develop coherent strategies for spatial, urban and other
Basic obligations
land-use plans as well as protected area management
plans, in order to ensure the watershed’s land management
1. For the fulfilment of the objectives of Article 2, the Parties
according to the principle of sustainable development and
shall take the necessary measures and apply best available tech
to the increased protection required for the Area, on the
niques, individually and in cooperation on the basis of
basis of international and EU legislation including Directives
sovereign equality, territorial integrity, mutual benefit, and
92/43/EEC and 2009/147/EC;
good faith, to:
(a) manage prudently the water quality and quantity of the
(c) approve and apply faithfully the environmental standards
Prespa Lakes giving special attention to the water level of
and criteria for the watershed as described in Article 4;
both lakes;
(b) prevent, control and reduce pollution of the waters in the
(d) adopt and implement legal, administrative, economic,
Prespa Lakes Area;
financial and technical measures in order to ensure:
L 258/4
EN
Official Journal of the European Union
4.10.2011
(i) the application to the maximum possible extent of
Article 5
sustainable agriculture and low-impact animal
breeding based on the Area’s carrying capacity and
Sustainable water management
fishing rules compatible with the prudent use concept;
The Parties agree to cooperate on the management of the
waters of the Prespa Park Area in a sustainable manner. This
includes integrated management of surface and groundwater
(ii) the management of household and agricultural waste
resources at basin level, on the basis of Directive 2000/60/EC
according to best available techniques;
and related Directives, that shall provide for:
(iii) the amelioration and modernisation of road and
(a) water in sufficient quantity and of appropriate quality for
communication networks and other social infra
drinking purposes;
structure and services in a manner consistent with the
protection of biodiversity, the conservation of the
protected areas and the sustainable development of
(b) water in sufficient quantity and of appropriate quality for
the Prespa Park Area;
the preservation, protection, and, if necessary, restoration of
natural aquatic ecosystems, including wetlands, and their
functions;
(e) facilitate the regular exchange of ideas among the Parties,
conserve traditional architecture and monuments, develop
and implement a joint strategy for the touristic development
(c) water in sufficient quantity and of appropriate quality for
of the Area, and promote public awareness and environ
other legitimate uses contributing to sustainable economic
mental education as a means for reaching local solutions;
and social development of local societies, taking into
account the need to adapt to possible impacts of climate
change;
(f) expedite the full and effective realisation of the watershed
community individuals’ rights of access to environmental
information, public participation in decision-making in
environmental matters, and access to justice in such matters;
(d) rehabilitation or alleviation of the negative impacts of past
hydrological interventions, with special emphasis on the
River Devolli – Lake Micro Prespa system;
(g) establish and maintain an effective, common standard
system of monitoring in order to observe, manage and
control the environmental state of the Lakes and their
(e) protection against detrimental effects of water (flooding,
watershed;
erosion, etc.) using best available techniques;
(h) in case of contingencies, adopt common measures to
(f) resolution of conflicts of interest caused by different uses;
quickly evaluate and mitigate them.
and
Article 4
(g) effective control of the water management regime that shall
be established.
Environmental standards and criteria
1. The
Parties
to
this
Agreement,
with
the
assistance
of
the
Committee described in Article 10, shall set out the exact
To that effect, the Parties will set up the Working Group on
criteria, standards, limits and objectives for the protection,
Water as laid down in Article 14.
conservation and development of the Area in accordance with
the objectives of Article 2.
Article 6
Exchange of data and information
2. For
this
purpose,
the
Parties
shall
take
appropriate
steps
to:
The Parties will organise a formal system for regular exchange
of information among their competent authorities in order to
assist in achieving effective protection of the Prespa Park Area,
(a) implement the legal commitments stemming from inter
including exchange of:
national and EU norms and standards for the protection
and conservation of the Lakes and their watershed;
(a) qualitative and quantitative data on water, aquatic
ecosystems, and important habitats and species;
(b) adjust relevant national environmental standards and criteria
to local conditions and requirements of the watershed;
(b) experience gained through the application of best available
techniques and results of research and development in the
(c) require the use of the best available technology and contem
fields of wetland protection, water management, and
porary environmental practices.
measures for prevention, reduction and control of pollution.
EN
4.10.2011 Official
Journal
of
the
European
Union L
258/5
Article 7
2. The
Prespa
Park
Management
Committee
shall
have
the
international legal capacity of a plurilateral institution necessary
Transboundary impact
for the exercise of its functions, including keeping relations with
The Parties shall cooperate with a view to agree measures aimed
donors in order to secure projects and donations, which will be
at securing the integrity of the environment, and especially
used for the implementation of this Agreement.
water, in the Area and the elimination or reduction of trans
boundary impacts on the environment caused by human
3. The
Prespa
Park
Management
Committee
shall
have
the
activities. In particular, they shall cooperate on developing and
following composition:
applying appropriate environmental impact assessment
procedures in the Area, in accordance with the Espoo
(a) one representative of the Ministry of Environment of each
Convention on environmental impact assessment in a trans
State Party and one representative of the European Union;
boundary context, to which they are parties.
(b) one representative from the local communities in the Prespa
Article 8
region from each State Party;
Cooperation with international organisations and donors
(c) one representative of the environmental non-governmental
In implementing this Agreement, the Parties shall seek partners
organisations (NGOs) from each State Party, with significant
locally, nationally and internationally, and will especially
local activities in the Prespa area;
cooperate with:
(d) one representative of the local protected area management
— the Ramsar Convention and the MedWet Initiative,
authorities from each State Party;
— UNDP,
(e) one permanent observer from the MedWet Initiative of the
Convention on Wetlands (Ramsar);
— GEF,
(f) one permanent observer from the Ohrid Management
— bilateral donors active in the region, such as KfW, GTZ and
Committee.
SDC,
The Parties’ representatives in the Committee shall be formally
— Unesco,
nominated within 3 months from the entry into force of this
Agreement.
— IUCN,
4. The
Committee
shall
meet
on
a
regular
basis
(twice
a
year). An extraordinary Committee meeting shall be called at
— Institutions of the European Union, and
the request of any of the Parties.
— others.
5. Each
calendar
year
the
venue
of
the
regular
meetings
will
rotate among the three State Parties. Therefore, two consecutive
ordinary meeting will be held in each State every 3 years.
PART THREE
Preferably, regular meetings should be held in the Prespa region.
MECHANISMS OF COOPERATION
Article 9
6. The
meetings
shall
be
chaired
by
the
representative
of
the
State Party in which they are held. The term of the chair follows
High-level segment
the annual rotation of paragraph 5.
The Ministers of Environment of the three State Parties and the
representative of the EU shall meet regularly to review progress
7. The
work
of
the
Committee
will
be
carried
out
in
English.
in the implementation of this Agreement and in achieving the
objectives of Article 2, to review the work of the Prespa Park
8. At
its
first
meeting,
the
Committee
shall
approve
its
Management Committee and subsidiary organs, to set the
internal rules of organisation and procedure.
agenda of joint activities in the Prespa Park Area for the
coming period, and to provide political guidance. These
9. The
Committee
may
invite
experts
to
participate
at
its
meetings will take place at least once every 2 years, unless
meetings, depending on the theme of the meeting, and may
otherwise decided by the Parties, or at the written request of
form working groups on specific issues composed of experts
any Party, at a venue rotating between the three State Parties.
and officials. The first working group is established under this
Agreement (Article 14) on water management issues.
Article 10
Prespa Park Management Committee
10. Four
years
after
the
beginning
of
its
operation,
the
func
tioning and effectiveness of the Prespa Park Management
1. In
order
to
ensure
effectiveness
in
the
achievement
of
the Committee will be reviewed by the High-level segment of
objectives and commitments specified in this Agreement, the
Article 9 and, if necessary, its composition and terms of
Parties hereby establish the Prespa Park Management
reference will be adjusted in accordance with Article 17 of
Committee.
this Agreement.
L 258/6
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Official Journal of the European Union
4.10.2011
Article 11
(4) evaluate the results of ongoing actions according to the
objectives of Article 2, and disseminate its findings widely;
Functions of the Management Committee
The Prespa Park Management Committee shall:
(5) serve as the steering body for GEF and other similar
programmes and projects concerning the Area;
(1) monitor and coordinate the activities carried out for the
protection and sustainable development of the Prespa Park
(6) identify and propose possible funding sources at a
Area in the implementation of this Agreement and of the
national, European and international level for necessary
Strategic Action Plan for the Sustainable Development of
actions, measures and projects;
the Prespa Park;
(7) gather any available information related to the Lakes and
their watershed, ask for and receive proposals from
(2) identify and recommend to the Parties and other interested
governmental institutions, bodies and NGOs in order to
actors next steps and necessary actions, measures and
improve its work and to increase the commitment of the
activities for the implementation of this Agreement, and
Parties to the implementation of the Agreement;
invite them to cooperate, to coordinate and carry out joint
projects. More specifically, the Committee shall assist the
Parties in implementing and strengthening the effectiveness
(8) prepare and publish an annual report on the state of the
of this Agreement by providing recommendations and
environment for the Prespa Park Area, which will include
opinions on:
one section where the Committee’s work would be
described;
(a) the drafting and application of standards, environ
(9) liaise with the Ohrid Management Committee, acquire
mental criteria and requirements, which will serve as
observer status at its meetings and coordinate action in
the basis for accomplishing integrated protection and
order to achieve the best results in the protection and
sustainable development of the Lakes and their
sustainable development of the wider region;
watershed;
(10) contribute as appropriate to the process for the sustainable
management of the extended Drin basin dialogue;
(b) the completion of the regulatory framework of the
watershed area, including spatial plans and protected
area regulations and management plans;
(11) contribute to the mobilisation of resources of the Parties
and the international community, as appropriate, to
manage the risks and mitigate the negative impacts, in
(c) the drafting and application of strategies, integrated
case of unexpected events, such as floods, forest fires
management plans and programmes to be imple
and other natural or anthropogenic catastrophes as well
mented in the Prespa Park Area, which affect or may
as to protect the vulnerable ecosystems of the Area and
affect the achievement of the objectives of this
their functions and services from the effects of climate
Agreement;
change.
Article 12
(d) the application of a programme of effective moni
toring in order to observe, manage and control the
Decisions of the Management Committee
state of the environment and the status of surface
1. The
Committee
shall
decide
by
consensus.
In
case
and ground waterbodies;
consensus is not reached, the issue shall be referred for
settlement to the High-level segment.
(e) the definition of priority directions and programmes of
scientific study and research for the protection and
2. The
Committee
shall
address
its
recommendations
to
the
sustainable development of the Prespa Park Area and
Parties.
the promotion of publication of expert information;
3. Each
Party
shall
implement
the
Committee
recommen
dations in accordance with domestic law and shall report
(f) the gathering, elaboration and publication of environ
regularly to the Committee on measures taken for their imple
mental information on the Prespa Lakes Area;
mentation.
(g) the promotion of public, NGO and other stakeholders’
4. In the event that a Party is unable or only partly able to
participation in the protection of the Lakes and their
implement a Committee recommendation, it shall inform the
watershed;
Committee to this effect, explain the reasons for the non-imple
mentation and propose the modalities and the timing for imple
mentation.
(3) facilitate the coordination of planning and activities with
transboundary relevance by local protected area
5. The
Committee
shall
keep
a
register
of
the
decisions
management bodies in the three States involved;
taken.
EN
4.10.2011 Official
Journal
of
the
European
Union L
258/7
Article 13
5. The
seat
of
the
Secretariat
shall
be
located
in
Aghios
Germanos, Greece, for a period of 4 years, on rotating basis,
Secretariat
or until it is otherwise decided by the Committee.
1. The
Committee
is
assisted
by
a
subsidiary
technical
organ,
the Secretariat, in fulfilling its duties.
6. The Committee is authorised to conclude a Seat
Agreement with the host country on the exercise of its
2. The
Secretariat
will
consist
of
three
persons,
one
from functions.
each State Party, appointed by the Ministry of Environment
and headed by an expert in transboundary cooperation on
Article 14
protected areas and river basin management to be chosen by
the Committee through an international call for applications.
Working Group on Water Management
1. The
Prespa
Park
Management
Committee
will
establish
a
Working Group on Water Management, according to the
3. The
work
of
the
Secretariat
shall
be
guided
by
the
decisions of the Management Committee and shall be
provisions of Article 10.
supervised by the Chairperson of this Committee.
2. The
State
Parties,
after
consultation,
shall
nominate
authorities and bodies competent for water management in
4. The
Secretariat
shall
have
the
following
specific
tasks
to
be the part of the Prespa Park within their territories as members
performed with the limits of budget availability:
of this Working Group and inform on such nomination the
chairperson of the Prespa Park Management Committee.
(a) preparation of the yearly work plan of the Prespa Park
Management Committee with detailed budget, and of
3. The
Working
Group
on
Water
Management
will
propose
issue-related work plans (e.g. a communication plan) with
recommendations based on the principles of integrated river
detailed budgets and follow-up of their implementation;
basin management, as reflected in the EU Water Framework
Directive (2000/60/EC), for the adoption of the Management
Committee.
(b) preparation or assistance in the preparation of meetings
held in the framework of this Agreement;
4. The
specific
tasks
and
mandate
of
the
Working
Group
will
be defined through consultations between the State Parties.
(c) facilitation of consultations on policy and other relevant
matters related to this Agreement between stakeholders,
5. The
operational
costs
of
the
Working
Group
on
Water
and consultations at the policy-making and technical level
Management (participation in and organisation of meetings)
by working groups and/or expert groups;
shall be covered for a period of 4 years after the entry into
force of this Agreement, by the Hellenic Ministry of
Environment, Energy and Climate Change.
(d) collection, assessment and dissemination of data and
information on legislation, measures and activities that
have or may have significant effects on the achievement
Article 15
of the objectives of Article 2;
Expenses of Joint Bodies
1. The implementation of the work plan of the Prespa Park
(e) follow-up of joint projects;
Management Committee shall be financed by regular annual
contributions of the Parties and from other sources.
(f) compilation, evaluation, publication and promotion of
scientific research and cooperation in the Prespa Park Area;
2. Each
Party
shall
in
principle
bear
the
expenses
associated
with the participation of its national members in the meetings
of the Committee, the Secretariat and working groups, with the
(g) contacts and meetings with donors; preparation or
exception of Article 14(5).
assistance in the preparation of project documents;
3. The
Party
in
whose
territory
a
Committee
meeting
will
be
organised shall bear the cost of organising the meeting.
(h) translation of key documents; technical and secretarial
support to the local community representatives;
4. The
Secretariat
will
prepare
an
annual
budget
covering
its
costs and submitted for approval to the Committee, which shall
(i) representation of the Committee in international fora;
be financed by regular annual contributions of the State Parties
and from other sources. Office facilities will be provided by the
Party where the Secretariat is located, normally outside the
(j) any other duty assigned to it by the Committee.
budget.
L 258/8
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Official Journal of the European Union
4.10.2011
PART FOUR
Article 19
DISPUTE SETTLEMENT
Relation with other Agreements
Article 16
1.
Nothing in the present Agreement shall affect the rights or
obligations of a Party arising from any agreement that is in
In case of a dispute between the Parties regarding the interpre
force on the date on which this Agreement comes into force.
tation or application of this Agreement, the Parties shall seek a
Nothing in this Agreement shall affect the rights or obligations
solution by negotiation or by any other means of international
of a Party arising from EU law.
dispute settlement acceptable to them.
2. For the implementation of this Agreement the Parties may
PART FIVE
enter into bi- or trilateral agreements or arrangements, which
FINAL PROVISIONS
shall not be in conflict with this Agreement.
Article 17
Article 20
Amendments to the Agreement
Duration and Withdrawal
1. Any
Party
may
propose
amendments
to
the
present This Agreement shall remain in force indefinitely unless one of
Agreement.
the Parties, through diplomatic channels, notifies its wish to
withdraw from it, in which case the Agreement shall be
2. Any
amendment
to
the
present
Agreement
shall
be
agreed terminated 6 months after the date of such written notification.
by consensus. Amendments shall enter into force in accordance
Unless otherwise agreed, such a termination shall not affect the
with the procedure set forth in paragraph 2 of Article 18.
validity of any ongoing arrangements or projects made under
this Agreement,
Article 18
Entry into force
Done at Pyli on the second day of February in the year two
1. This
Agreement
will
be
subject
to
ratification
according
to thousand and ten, in four originals in the English language, all
the domestic procedures of each Party.
being equally authentic.
2. This
Agreement
shall
enter
into
force
on
the
day
of
reception of the last written notification by which the Parties
IN WITNESS THEREOF the undersigned, being duly authorised
shall notify each other the ratification of the Agreement.
thereto, have signed this Agreement.
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