MEMORANDUMOF UNDERSTANDING BETWEEN THE MINISTRY OF ENVIRONMENTAL PROTECTION OF THE REPUBLIC OF SERBIA AND THE MINISTRY OF ENVIRONMENT AND WATER OF THE REPUBLIC OF BULGARIA ON COOPERATION IN THE FIELD OF ENVIRONMENT PROTECTION("Off. Herald of RS - Treaties", No. 2/2019) |
The Ministry of Environmental Protection of the Republic of Serbia and the Ministry of Environment and Water of the Republic of Bulgaria, hereinafter "the Parties",
Wishing to strengthen their good neighbourly and friendly relations and to promote their cooperation with a view to preserving and protecting natural resources,
Affirming their willingness to further enhance cooperation in the field of environmental protection with a view to strengthening the cooperation in specific environmental sectors based on the principle of trust, mutual esteem and respect of the interests of both Parties, of the sovereignty of each Party and of the respective commitments arising from international conventions,
Taking into account that the Republic of Bulgaria is a Member State of the European Union (EU) and is obliged to apply the European legislation in all policies concerning the environment and that the Republic of Serbia is a candidate country for EU membership,
Taking into consideration the fact that environment pollution has also transboundary effects and can be successfully addressed only in the context of close international cooperation at bilateral, regional and global level,
Acknowledging the benefits of enhancing and exchanging knowledge and experience on environmental protection sector issues,
Aware of the responsibility to ensure environmental safety for present and future generations,
have agreed as follows:
Article 1
The Parties shall develop and enhance the cooperation in the field of environment on the basis of mutual and equal benefit.
Article 2
The Parties shall cooperate in areas of mutual interest such as:
1. Supporting the process of European integration of the Republic of Serbia:
- Aligning environmental legislation with the acquis communautaire,
- Expert assistance on the absorption of the EU pre-accession funds.
2. Protecting air quality and preventing pollution,
3. Protection of water and management of waste waters, including:
- Providing expert support and transfer of experience for the design of strategic regulatory documents on water and waste water management,
- Cooperation within TWINNING projects in the field of management of waste waters and sludge.
4. Waste management, transboundary transport and soil protection, including:
- Providing expert support and transfer of know-how for the design of strategic regulatory documents on waste management,
- Cooperation within TWINNING projects in the field of waste management, circular economy and resource efficiency.
5. Protecting nature and natural resources, including protection of biodiversity, in particular endangered animal and plant species and their habitats,
6. Protected areas and Natura 2000 sites,
7. Developing management plans,
8. Environmental education,
9. Comprehensive control activity, including of hazardous chemicals,
10. Action on accidental transboundary environmental pollution, on all components,
11. Cooperation in the exercise and fulfilment of the rights and obligations ensuing from the conventions signed by both Parties,
12. Environmental legislation,
13. Climate change,
14. Exchange of information and experience in implementation of inspectional supervision in the field of environmental protection,
15. and other areas of environmental protection as mutually deemed appropriate.
Article 3
The Parties shall cooperate on the clauses of Article 2 hereof by:
1. Organising joint meetings of the Parties at expert and official level on the clauses of this Memorandum,
2. Organising symposia, conferences, workshops, consultations and trainings on topics of mutual interest to the Parties,
3. Developing and implementing joint projects,
4. Sharing information,
5. Signing agreements/declarations of cooperation in a specific area referred to in Article 2 above.
Article 4
1. A Joint Commission for Environmental Protection Cooperation ("the Commission") shall be set up in order to implement the arrangements laid down herein. The Commission shall comprise 5 representatives of each of the Parties. The Commission shall be co-chaired by authorised representatives of both Parties.
2. The Parties shall inform each other about the membership of the Commission within three months after this Memorandum takes effect.
3. The Commission shall adopt its rules of procedure at its first meeting.
4. The Commission shall meet at least once a year on a rotating basis, in each one of the two countries successively.
5. The tasks of the Commission shall include:
- fulfilment of the arrangements laid down in this Memorandum,
- developing and approving a Biannual Implementation Programme of the Memorandum,
- setting up working groups to implement the Memorandum and adopting rules of procedure thereof,
- assessing the results of the cooperation and other decision-making.
6. Minutes shall be taken of the Commission’s meetings.
Article 5
The Parties shall support and promote the environmental protection cooperation of institutions, organisations and enterprises within this Memorandum.
Article 6
This Memorandum shall be without prejudice to the rights and obligations of the Parties under other previously concluded international agreements.
Article 7
The costs of experts participating in the Commission’s meetings shall be for the account of the sending Party, unless agreed otherwise.
Article 8
Any disagreements between the Parties regarding the rights and obligations arising from this Memorandum shall be settled by negotiations between the Parties.
Article 9
1. This Memorandum shall take effect on the date of receipt of the second note with which the Parties notify each other through diplomatic channels that the requirements of their respective national legislations as regards the entry into force of the Memorandum are fulfilled.
2. This Memorandum is signed for a period of five (5) years and shall be automatically renewed for another period of five (5) years, unless either Party notifies the other Party in writing of its intention to denounce the Memorandum, but not later than three (3) months before the expiration of the initial period of five (5) years.
3. This Memorandum may be amended and supplemented at any time by the mutual agreement of the Parties expressed in writing. Any amendment shall take effect pursuant to paragraph 1 of this article and shall be incorporated herein by reference.
4. Without prejudice to the provision of paragraph 2 of this article, the provisions of this Memorandum shall continue to apply to existing projects and activities until completion of the latter, unless the Parties agree otherwise.
Article 10
Once this Memorandum has entered into force, the Memorandum of Understanding on Cooperation in the Field of Environmental Protection signed between the Parties on 10 October 2007 in Belgrade shall cease to be valid.
Done in ………………………. on ……………………………., in two uniform copies, each one in Serbian, Bulgarian and English language, all texts being equally authentic. In case of difference of interpretation, the English text shall prevail.
FOR THE MINISTRY OF ENVIRONMENTAL |
FOR THE MINISTRY OF ENVIRONMENT |