The agreement between the Government of the Republic of Kazakhstan and the Government of the Azerbaijan Republic on cooperation in the field of environmental protection

of June 10, 1997

The government of the Republic of Kazakhstan and the Government of the Azerbaijan Republic which are hereinafter referred to as "Party"

proceeding from interests of further expansion and deepening of cooperation in the field of environmental protection and rational use of natural resources;

understanding the responsibility to this and future generation for prevention of world ecological crisis, ecological disasters and catastrophic crashes, degradations of the environment and creation of ecologically harmless habitat;

based on the legislation of the Republic of Kazakhstan and the Azerbaijan Republic in the field of environmental protection and environmental management;

agreed as follows:

Article 1

The parties cooperate in the field of environmental protection by preserving and improvement of the environment and natural objects on all space of operation of the Agreement;

provide optimum conditions, including economic incentives, to the legal entities and physical persons of the state of one of the Parties extending and using ecologically safe technologies and the equipment conforming to normative requirements of the state of other Party;

inform each other, and also the third parties if it is necessary, about origin or possibility of ecologically dangerous phenomena and catastrophic crashes, jointly to participate in their prevention and liquidation;

Article 2

The parties will cooperate in the field of environmental protection of the Caspian Sea, including:

- preserving and rational use of biological resources, including the migrating species of fish;

- protection of ecology of the marine environment of the Azerbaijani and Kazakhstan sectors of the Caspian Sea;

- protection of the Caspian Sea and prevention of its pollution from waste disposal and other materials;

- interaction of the state control of cross-border transportation of dangerous goods;

- preserving and rational use of the natatorial, hunting-trade and migrating birds which different periods of lifecycle pass in the territories of both states.

If in the state of one of the Parties the migrating type is especially protected, and in the state of other Party their production is prohibited, the Parties make agreed decision by this type and develop recommendations about its protection and rational use.

Article 3

The parties as priority for implementation of joint development determine the following programs:

- studying of problems of protection of the population and economic objects from flooding by the Caspian Sea in connection with the continuing rise in its level and marine pollution as a result of transaggression of the sea;

- on protection of the water area of the Caspian Sea from pollution and recovery from the accident by collateral actions with use of rescue means and divisions;

- on interaction in implementation of the state control of cross-border transportation of dangerous wastes and their removal.

Article 4

The parties determine as general tasks:

- development and implementation of scientific and technical and comprehensive programs of environmental protection and rational use of the natural resources infringing on interests of both states;

- coordination of works on creation of systems of normative and technical ensuring environmental protection and ecological safety, including technical, environmental, sanitary and hygienic and other standards, standard rates and rules;

- use of the general principles of ecological interstate regulation of state of environment and environmental management, including the general principles of compensation of losses and loss caused as a result of direct and indirect negative cross-border impacts on the environment;

- coordination of actions for protection of the migrating animal species living in the territories of both states.

Article 5

The parties are determined that the rare and endangered species of animals and plants included in the Red List, the states of one of the Parties and living in the territory of the state of other Party are subject to special protection in all territory of operation of the Agreement. The procedure for their use in scientific and other purposes will be determined by special agreements specifically for each type.

Article 6

The parties will take measures for creation of mutually agreed system of especially protected natural territories on all space of operation of the Agreement and to carrying out on its base of mutually agreed works, including the scientific research directed to preserving biological diversity and maintenance of natural balance.

Article 7

The parties will perform exchange of information in the field of protection of the surrounding environment, to jointly hold conferences, seminars, public ecological actions, other actions for activation of nature protection activities of the population, promotion of ecological knowledge.

Article 8

The results of cooperation received in case of accomplishment of this agreement can be transferred to the third states, their legal entities or physical persons only with the consent of the Parties.

Article 9

For the purpose of implementation of provisions of this agreement of the Party will determine the relevant department for implementation of coordination and cooperation and inform on this each other. In case of need, the coordinating departments can hold meetings, consultations and will determine the program of cooperation.

Article 10

This agreement does not affect the rights and obligations following for the Parties from other international agreements signed by them.

Article 11

This agreement can be changed and/or added from the prior written consent of the Parties.

Any disputes which can arise between the Parties concerning interpretation and application of any Article of this agreement are permitted by negotiations.

Article 12

This agreement is signed for a period of 10 years. Its action will be prolonged automatically for the next 10-year period if any of the Parties does not declare the desire to denounce it by the written notice not later than six months before expiration of this agreement.

This agreement becomes effective from the moment of signing.

It is made in Almaty on June "10", 1997 in duplicate, everyone in the Kazakh, Azerbaijani and Russian languages, and all texts are equally authoritative. For the purposes of interpretation of provisions of this agreement the text in Russian is used.

(Signatures)

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