NOTE: This is an unofficial translation from the original Spanish language document to English. This document is not for official uses. Only use this translation for general schemes of the treaty.
Pact between
Article 1
The hydroelectric use of the international flights of the Duero and its tributaries will be carried out in the advantages of the two bordering nations, in harmony with the first provision of the Agreement of 1912 and conform to the prescriptions of the present Pact.
All the rest of the rights of each States (limitrofe) about the stated international flights, defined in the Treaty of Limits in 1864, and its attached Number 1, ratified Nov 26, 1866, will remain subsistent, as for that they will not oppose the application of the norms that the present Pact is establishing
The energy that the internal flights might produce will be
distributed between
a) The
use of all the depression/unevenness of the internal stretch of the Duero is
reserved for
b) All
the depression of the internal stretch of the Duero at the understood zone
between the point of confluence of the Tormes with in the Duero and the outlet
of the Huebra is reserved for
c) The
remaining depression of the internal stretch of the Duero understood between
the outlet of the Huebra and the end of it itself is reserved for
d) The
use of the depression of the internal stretch of the
e) The
use of all the depression of the international stretech of the
f)
The use of the lower 100 meters of the depression of
the international stretch of the
g) The
use of the remaining depression of the international stretch of the
h) To
complete the hydroelectric use that is projected to be carried out in Portugese
territory and that affects the
i) To Portugal, the right to use in Spanish territory of a 50 meter depression in the Arzos River, starting at its outlet in the international stretch from the Mente River; this right will expire if it is not utilized in the time period of 15 years, starting from the signing of this present Pact.
j)
The use of all the remaining depression of the
international stretch is reserved for
l) Each state will have the right to use, for the production of electric energy, all the volume that flows through the zones of use that are granted to them in the sections a to j. of the present article, except for that which might be necessary for common uses.
m) Both states are guaranteed reciprocally that the volume will not diminish that should arrive at the origin of each zone of use of the international stretch of the Duero, and the Portugese Duero, as a result of derivations made with the finality of obtaining hydroelectric energy by means of situated takings below the upper level of the Ricobayo dam on the Esla River and from the Villalcampo on the Duero, except for the stated derivations that are realized through one of the states in the zone that has attributes and the they corresponds to the available volume that are destined to increase/feed into lateral dams of regulation that drain into the own zone in which the derivation is carried out or when the derivations correspond to surplus volumes that cannot be absorbed through the headquarters of the other state, waters situated below the place where the derivation is realized.
In the case that Spain decides, for the use of waters referred to in section d that precede a new rational scheme and technique that knew a modification of the volumes that should be used for Portugal in accordance with section e, the International Commission will establish/fix an indemnity or compensation that should correspond to Portugal, as consequence of the new schemes of use approved by the government of Spain, with the aim of respecting the established principle of fair distribution of the energetic availabilities of the courses of the bordering water.
Petition will be denied for some
compensation for
Article 3
Each state will achieve in itself, or by means of concessions that grant consistent with its own legislation, the hydroelectric use of the zones that are reserved for them in the present Pact.
In case of the works that are constructed for the concession system the firm on concessionary firms of each zone should be constituted consistent with the internal laws of the cessionary state and will only be able to transfer its rights to another firm of the same nature.
The president and the majority of the board members of the Administration Council of each one of these firms will have to possess, necessarily, the quality of nationals of the State that have granted the concession.
The councils will have their seat and will hold their meetings in territory of the state to which the respective firm will be subject to jurisdiction.
Article 4
The taking of water, canals, building and, in general, all the works and precise installation of the use of each zone will be situated in the national territory of Spain, to which the use corresponds exception made from the ditches and of those drainage works and accessories that necessarily must be constructed on the riverbed or on the margin of the river belonging to the other state.
Exceptionally, and when the circumstances demand it, the taking of water, centrals, and their drains will be able to surpass the main point of the river, unless this obligates to the constitution of permanent slavery in passing through from the territory of the other state outside of the zones referred to in Article 13.
Article 5
Each one of the contracting High Parts is committed to construct, to a private title, over their terrain public domain, in benefit of the uses of the other Part, the staffs of slavery for dams, Poyo of ditches, drains or any other nature that were indispensable for the construction and the exploitation of referred uses.
Likewise, they are committed, reciprocally and according to proceed in each case, to construct staffs of slavery over the lands of propriety of the state corporations or private, that were certain to occupy in the territory of the state. With the works situated in the zones of use of the other, and to decree its expropriation or the temporary occupations necessary for obtaining construction material, or installing services or auxiliary mediums that the construction of the works requires.
They are equally obligated to decree the expropriation of other uses actually in use of exploitation that are made difficult or are opposed to the total utilization of the hydroelectric energy attributed to each State in Article 2 of this Pact.
Article 6
For the application of the below section, both contracting states declare from public and urgent utility all the works that whichever one of them had to construct for the hydroelectric use of the international stretches that are the aim of this pact; and they declare likewise that they will not recognize in these stretches the navigable and floatable nature of the zones because this trait would be incompatible with its hydroelectric utilization.
If the 2 government esteem it convenient for bothering comm. Between the 2 nations, organizing the scaled navigation through the usable parts of the river or through the industrial canals, they will arrange previously, through a special pact, they form of carrying out the workds and organizing the transports, coordination it with the hydroelectric exploitations.
In the special pact, the generic
agreed rules of the congress of
Likewise the works that each state would have to bring about for making navigation possible would be previewd, and the system that were to permit the states reimbursement of the expenses that these works would cost them, equal proportion to the effort for each on realized consistent with the stated special pact.
Article 7
The staffs of servants, expropriations, and temporary occupations that must be constituted or decreed in the territory of the state for the execution of corresponding works to the use zones of the other, will be subject in its transaction to the following processing norms:
a) the International Commission previewd in Article 14 of this Pact will be competent:
for fixing the situation and extension of the property that, in totality of in part, that is necessary to expropriate or occupy in whatever form in harmony with the approved projects.
For making its definitive estimate (appraisal) or for fixing the amount of the indemenization; and if petition is not denied, for fixing the amount that must be consigned on deposit as a preliminary requisite to the provisional occupation of the property.
The commission shall, in any case, listen to those interested before adopting any resolutions.
b) the resolutions referred to in the previous section will require, to have executive force opposite to proprieties or concessions, that the competent territorial authority decree its fulfillment.
The examination of this authority will not be able to penetrate in the bottom/foundation of the resolutions, limiting it to proving if the prescribed formalities in this pact have been observed.
15 days elapsed from the requirement of the competent authority unless he had communicated his opposition, by defects so that they should be corrected, the agreement of the Commission will be firm.
The execution of these resolutions is reserved in any case, to the territorial authority according to the established form in its own legislation.
Article 8
Except for the disposed in section m) of article 2 in the zones of use of the international stretches, these waters will not be able to be distracted, from the useful ones by virtue of this Pact, as it is no for public health reasons or for fines of special interest, and always preliminary agreement between both states.
The International Commission will fix the maximum volume that in each case that can be distracted and the amount of indeminizations to that which petition is not denied.
Article 9
The Spanish and Portugese Governments will be given mutually all the facilities necessary for achieving the field operations that the formation of the definitive projects of the workds in the zones that are assigned to them require, communicating the effect of the opportune instructions to the civil and military authorities of the bordering zones to the international stretches.
Article 10
The transaction and approval of the defintive projects and of the modifications that will be introduced in them during the previous of construction will correspond to the government of the state in whose of use zones the works are situated.
Both governments will communicate mutually those projects, before their approval to avoid that with canse from the works that they might effect in the respective zones they can follow prejudice for the uses and interests of the other state.
Article 11
The energy of the international stretches subject of this Pact will be freely used by the country that produces it.
The Spanish and Portugese Governments, inspiring in the broadest criteria of cooperation, will be given mutually all the facilities necessary for the eventual exportation of the energy to the other country or to third countries.
Article 12
The jurisdiction of each State in the international stretches will conserve the fixed limits of the Treaty of 1864, corresponding to the anterior natural conditions to the execution of the works.
Article 13
Each one of the contracting high Parties is committed in
regimen of reciprocity to take the necessary mediums applying if were the case the previed formalities in
Article 7, for the establishment, in its territory, of the zones of slavery
immediately adjacent to the perimenter of the implantation of the ditches and
the attached workds, carried out by the other state, that were necessary for
the protection and conservation of the stated works of for the exploitation of
the respective hydroelectric use. The surfaces of these zones, whose
delimitation will be established by agreement between the International
Commission, referred to in article 14, and the Limits Commission between
The vigilance border posts will be established directly on the delimitation lines corresponding to the indicated slavery zones.
Article 14
To facilitate the application of the present Pact, and International Communication that will be called the “Hispanic Portugese International Commission for regulating the hydroelectric use of the international stretches of the Duero River and its tributaries whose special function will be to regulate the exercise of the recognized bilaterally rights, and dirimir the technical and judicial issues that their coexistence originates.
This committee will be composed of board member and designated adjuncts in equal numbers from the Spanish Government and the Portugese Government. The fixation of the number of components will be made through an agreement between the 2 governments, on the basis of what the experience advises.
Their meetings will be held alternately in Madrd and in
Both states will pay equally the expenses that the functioning of this organization calls for and each one will set in respective concessions, the obligation of the concessionaries of sustaining this common attention in the proportion that will be set by the commission itself.
The functioning of the Commission is governed by a Statute approved by the 2 Governments.
Article 15
At the request of one of the 2 governments, the statute of the International Commission and the powers that are conferred to it in this pact will be revisable.
Article 16
The International Commission will have the triple consultive, resolutive, and interventive function within the sphere of which the following 3 articles appoint to it:
The decisions that it adopts, in use of the faculties attributed to it in Article 18, will be firm when they are adopted unamimously. If they were to be adopted with the majority of the votes, they will not go into force without the express conformity of the governments or the competent authorities in each case, or until after 30 days have passed from the start of the date in which communication is made, unless the governments or the stated authorities formulate their opposition, and petition is not denied to apply article 22 of this Pact, except in the case referred to in Article 7, section b.
For its execution, the International Commision will require the coop of the competent authority.
The reports and resolutions will always be communicated to the 2 governments.
Article 17
The International Commission shall be heard by the Governments before resolution relapses in the following matters:
a) approval of the execution projects of the works that require the uses and modifications that alter the convening or the disposition of the ditches, takings and drains;
b) authorization to execute works intended for the public or private service that affect the hydroelectric use or that are situated less than 100 meters measured horizontally from their works and dams construction site.
c)authorization for transferring or modifying concessions
d) suppression of the Commission and modification in its structure in its attributions or in its functioning
The Commission shall inform, likewise, about any issue the
Governments of both States, together or separate, that they consult it about.
The Commission will be able to propose the revision of the present Pact, in the
sense of including in it detailed relative dispositions to the hydroelectric
use of the international stretches of the tributaries of the
Article 18
The Commission will have faculties for heeding to and deciding on the following issues:
a) form of respecting the common utilizations and of making them compatible with the hydroelectric uses;
b) incidents that could surge with cause from the existence of other uses and utilizations of the rivers, incompatible with those rights that with respect to the hydroelectric the 2 states recognize.
c) constitution of slavery staffs, expropriations or temporary occupations and communication reestablishments, as soon as from the service zones referred to in Article 13 that affect simultaneously the utilizations of a state and the territory of the other.
In these cases, the proceedings of the International Commission and its faculties will be regulated in the form prepared for in Article 7.
d) determination of the conditions that will be able to authorize the volume derivations available and surplus in the international stretches, in the cases of the application of section m of Article 2,
e) determination of the volumes of water and of the indeminizations that proceed, with reason of the utilizations of exceptional character that Article 8 refers to.
f) illegible
g)divergences between the referred concessionaries that damage the technical and organic solidarity of the exploitations of the international stretches or that make the best hydroelectric utilization difficult.
h) amojonamiento from the origin and end of the assigned zones to each State.
Article 19
The intervening functions of the International Commission will be the following:
a) exercise the policies of the water and the riverbed on the international stretches, in accordance with the laws in force in each country
b)in the period of construction of the sites, inspecting a intervening those that affect, at the time, the territories of both states and those constructed by one of them in territory of the other, taking case of the conditions of each concession and the approved projects;
c)in the period of exploitation it will exercise analogous functions with respect to the same works and to the hydraulic regimens of the uses.
The rest of the works and installations will remain subject exclusively, in both periods to the intervention and inspection that each state has established in legislation.
Article 20
In the case that which the concessionaries of the zones arrange to form an International Consortium of industrial and economic collaboration, that permits it to use jointly the technical experience, the personal elements, and the auxiliary mediums that they stipulate, with the purpose of succeeding, during time of construction as well as during the time of exploitation, the greatest economy possible and the highest perfection in the works and in the services, the organization of the consortium and its statutes will be subject to the approval of the 2 Governments prior report from the International Commission that will like inspect its functioning.
Article 21
The agreements of the International Commission will be adopted by majority vote.
If a tie results, the subject will be submitted to also another voting at the next meeting, and if agreement does not relapse then, the Commission will inform in the 2 Governments of divergence.
In the case that an agreement is not reached between the 2 Governments by direct negotiations, the subject will be submitted.