Annex 1
To the Recommendation of the 17th CASPCOM Session

AGREEMENT
ON COOPERATION AMONG THE CASPIAN LITTORAL STATES IN THE FIELD OF
HYDROMETEOROLORY OF THE CASPIAN SEA

Draft

The governments of Azerbaijan Republic, Islamic Republic of Iran, Republic of Kazakhstan, the Russian Federation and Turkmenistan hereafter referred to as the Parties,

striving at keeping and developing close and friendly good-neighbor relations;

recognizing uniqueness of the Caspian Sea nature, its considerable natural-resource and economic potential, the proper use of which is of extreme importance for sustainable development of the states of the region;

taking into consideration the specific hydrometeorological conditions of the Caspian Sea resulting from periodic Caspian Sea level fluctuations, as well as the developing economic activity in its basin, which requires additional efforts from the National Meteorological and Hydrological Services (hereafter NMHS) of the Parties to meet increasing demand in hydrometeorological services for this economic activity;

expressing concern about both global and regional aspects of climate change that may produce a detrimental effect on the hydrometeorological state of the Caspian Sea;

noting significance of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea (Tehran Convention) as a mechanism for regional cooperation among the Caspian littoral states;

emphasizing the necessity to establish and develop a regional system for obtaining and exchanging hydrometeorological information on the state of the Caspian Sea to facilitate solving economic, social and ecological problems in the region;

expressing determination to integrate efforts and organize a close cooperation of the Parties in the field of hydrometeorology of the Caspian Sea;

Considering the experiences of international cooperation in the field of hydrometeorology obtained at other water extensions, including those facilitated by the World Meteorological Organization (WMO) and Inter-governmental Oceanographic Commission (IOC)

have agreed on the following:

Article 1

(Use of Terms)

For the purposes of this Agreement, the following terms are used:

“State of the Caspian Sea” – a set of hydro-meteorological (meteorological, oceanographic and hydrological) characteristics describing physical phenomena and processes occurring in the Caspian Sea and in the mouths of the rivers inflowing the sea on the time scales from several hours through several decades;

“Observations of the state of the Caspian Sea” – measurements and visual observations of the set of the hydro-meteorological characteristics describing physical phenomena and processes occurring in the Caspian Sea and in the mouths of the rivers inflowing the sea;

“Observation network” - a system of stationary and mobile (floating) sites of observations of the state of the Caspian Sea;

“Information on the state of the Caspian Sea” – actual (directly observed at the given moment) and summarized (regime and climatic) data of observations on the state and predictions of the state of the Caspian Sea;

“Acquisition of information on the state of the Caspian Sea” – activity on observing the state of the Caspian Sea, collecting and processing observation data with the view to acquire the summarized (regime and climatic) data and predictions of the state of the Caspian Sea.

“Regional system for obtaining and exchanging information on the state of the Caspian Sea” – a combination of the observation networks and facilities for observing, processing and dissemination of information on the state of the Caspian Sea , belonging to the Caspian littoral states.

Article 2

(Objective)

The objective of this Agreement is to establish and develop a regional system for obtaining and exchanging information on the state of the Caspian Sea, in order to ensure safety of lives and facilitate economic activities in the Sea.

Article 3

(General Obligations)

To reach the objective of the present Agreement the Parties:

maintain functioning of the national observation networks which include the coastal, island and river mouth stations and posts; establish, if necessary, new stations and/or posts;

designate common methods for observation of hydrometeorological characteristics , agree upon reference systems, select benchmarks and establish other basic rules, harmonize manuals for hydrometeorological works at marine and coastal stations and posts;

establish common requirements to the national systems for collection, storing and dissemination of the information on the state of the Caspian Sea;

prepare reference materials containing summarized (regime and climatic) data on the state of the Caspian Sea;

design and compile databases of observations on the state of the Caspian Sea;

work out the basics of a common geoinformation system depicting the information on the state of the Caspian Sea;

improve methods for predicting the state of the Caspian Sea including predictions of the Caspian Sea level fluctuations with varying lead time;

improve methods for assessment and comprehensive analysis of the Caspian Sea water balance components;

coordinate among themselves measures on educating and training of personnel in the field of hydrometeorology of the Caspian Sea.

Article 4

(Coordinating Committee)

The activities of the Parties on the implementation of the objective and provisions of the present Agreement shall be coordinated by the Coordinating Committee on Hydrometeorology of the Caspian Sea, hereafter referred to as Committee.

The Committee:

develops and adopts an Intergovernmental Integrated Programme on Hydrometeorology of the Caspian Sea hereafter referred to as the Programme;
coordinates and integrates the Parties’ efforts on implementation of this Agreement and the Programme;
informs the Parties of its activities;
brings to the Parties’ consideration recommendations on measures required for achieving the objective of this Agreement;
promotes cooperation between the NMHS of the Parties and the companies, operating at the Caspian Sea and also with the international organizations and programmes interested in implementation of the Programme and achieving the objective of this Agreement;
considers other issues related to implementation of the provisions of the present Agreement;
keeps under review the implementation of this agreement
accomplishes other functions proposed to the Committee by the parties and adopted by the Committee.

Article 5

(Structure and procedure of the Committee)

Each Party designates one representative to the Committee (from the staff of NMHSs of the Parties) who may be accompanied by experts and advisers at its sessions. The Representative of the Party to the Committee will also act as the representative of the Party to this agreement.

The Committee decisions are adopted unanimously.

The Chairman and Vice-Chairman of the Committee are elected for a period of two years from the members of the Committee based on rotation in the English alphabetic order.

The regular sessions of the Committee shall be hosted by the Parties based on the rotation according to the English alphabet. Extraordinary sessions may be arranged at the request of one of the members of the Committee supported by not less than three of other its members.

To implement its functions, the Committee adopts its own rules of procedure and financial rules not contradicting the national legislation of the Parties.

The official languages of the Committee are the official languages of the Parties, as well as the English language.

The secretariat support to the Committee is provided by the NMHS of the Party whose representative is the Chairman of the Committee. The Secretariat of the Committee is hosted by the Party whose NMHS performs the functions of the Secretariat.

Article 6

(Funds)

The expenditures related to the Party’s participation in the implementation of the present Agreement and the Programme are borne by each Party itself, and also by additional funds allocated by the interested international organizations and companies based on special agreements between them and the NMHSs of the Parties.

Article 7

(Protection of Intellectual Property)

Protection and delimitation of rights to intellectual property on the results of joint work, obtained in the framework of the Parties cooperation on the basis of this Agreement is implemented in accordance with the existing legislation of states of the Parties and obligations on the existing international agreements on intellectual property.

Article 8

(Dispute Settlement)

Disputes on interpretation and application of the provisions of this Agreement shall be settled through negotiations and consultations.

Article 9

(Relationship with the Negotiations of the Legal Status of the Caspian Sea)

Nothing in this Agreement shall be interpreted as to prejudge the outcome of the negotiations on the final legal status of the Caspian Sea.

Article 10

(Amendments and Additions)

Any Party may propose amendments to this agreement. Such amendments shall be adopted by unanimous decision of the Parties in the Committee. The entry into force of the amendments shall be subject to the same procedure as the agreement itself.

Article 11

(Depository)

(The Islamic Republic of Iran) shall assume the functions of the depository.

Article 12

(Authentic texts)

This Agreement, of which the Azerbaijani, English, Farsi, Russian, Kazakh and Turkmen texts are equally authentic, shall be deposited with the Depository. In case of dispute arising as to the interpretation or application of this Agreement, the English text shall be authoritative.

Article 13

(Entry into force)

This Agreement shall enter into force on the ninetieth day after the date of deposit of the instrument of ratification, acceptance, approval or accession by all Caspian littoral states.

IN WITNESS WHEREOF the undersigned, being duly authorised to that effect, have signed this Agreement.

For the Government of the Azerbaijan Republic

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 Turkmenistan