181/1996 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 17 November. January 1995 was in
Prague signed an agreement between the Czech Republic and the Republic of Poland on
common State borders.
With the Treaty, its assent, Parliament of the Czech Republic and the President of the
the Republic has ratified it. The instruments of ratification were exchanged in Warsaw
on 19 December. February 1996.
The contract on the basis of its article 29, entered into force on 19. February
1996. This date on the basis of article 28 of this agreement are no longer valid in the
relations between the Czech Republic and the Republic of Poland:
-Title I and II of the Treaty between the Czechoslovak Socialist Republic and the
The Polish people's Republic on legal relations on
Czechoslovakia-Polish State borders, of cooperation and mutual
help on border issues on 2 December. in December 1967, proclaimed under the No.
80/1971 Coll., and
-Agreement between the Government of the Czechoslovak Socialist Republic and the Government
Polish people's Republic on the implementation of title I and II of the Treaty on the legal
relations on the Czechoslovakia-Polish State borders, of cooperation and
mutual assistance on border issues on 2 December. December 1967
signed on the 17 May. October 1974, proclaimed under no. 12/1975 Coll.
The Czech version of the Treaty shall be designated at the same time.
CONTRACT
between the Czech Republic and the Republic of Poland on common State
borders
Czech Republic and the Republic of Poland (hereinafter referred to as "the Contracting Parties"),
-realizujíc the principles and objectives of the Treaty between the Czech and Slovak Federal
Republic and the Republic of Poland on good neighborhood, solidarity and
friendly cooperation signed in Kraków on 6. October 1991,
-guided effort to deepen friendly relations to the benefit of both States and
their peoples,
-Desiring to maintain a clear course of Czech-Polish State
borders,
have agreed as follows:
PART I
THE PROGRESS AND THE DESIGNATION OF NATIONAL BORDERS
Article 1
(1) the Czech-Polish State borders are flat, that runs vertically
the border line after the Earth's surface, separating the territory of both States, their
airspace and the underground part.
(2) the State border between the Czech Republic and the Republic of Poland from contact
the State borders of the Contracting Parties and the national borders of the Slovak Republic
to contact the State borders of the Contracting Parties and the national borders of the Federal
Republic of Germany are set out in the Treaty between the Czechoslovak
Republic and the Polish people's Republic on the final demarcation of the State
the border, signed in Warsaw on 13. June 1958 (hereinafter referred to as the "agreement on the
the final delimitation of State borders ").
(3) the progress of the State border between the Czech Republic and the Republic of Poland
is shown in the perimeter of the course documentation and marking of common
national borders (hereinafter referred to as "the perimeter") by the Contracting
the parties have drawn up pursuant to article 1 (1). 2 of the Treaty on the final demarcation of
national borders and renewing it under this agreement.
(4) the progress of the State border between the Czech Republic and the Republic of Poland
It is further laid down:
and the Protocol between the Government of the Czechoslovak) Republic, the Government of the Polish
the people's Republic and the Government of the German Democratic Republic on the establishment of
Czechoslovakia-Polish-German border of frontiers and maintain
frontier character, which is this border stamped, and Protocol
Description
Czechoslovakia-Polish-German border State borders, of 27 June 2002.
March 1957,
(b)) the Treaty between the Czechoslovak Socialist Republic and the Polish
Republic of Algeria on the progress of national borders in the context of the results of the
the first common examination over the Czechoslovakia-Polish State
border to border rivers of 10 June 1999. December 1986 (hereinafter referred to as
"The contract of the first joint examination of State borders at border
water flows ").
Article 2
Border documentation consists of:
and) documents that are an integral part of the agreement on the final demarcation of
national borders,
b) documents that are an integral part of the contract of the first joint
examination of national borders on the border rivers,
(c) arising from the examination of the documents) over national borders, according to the
articles 10 and 11, or from changes in the course of State borders in accordance with article 5
paragraph. 2 and article 6 of this agreement.
Article 3
(1) Solid State boundaries are:
and on dry land areas),
b) on places where stagnant water or intersect waterways so that
moving from one bank to the other,
c) in places where their transition from a dry stretch into the aquatic
flow and vice versa.
(2) Solid State boundary defined in paragraph 1 shall take place:
and after direct connectors) from one border to the nearest character
doloženému in the border documentary work,
(b)) the center of the border roads and ditches.
(3) the perimeter roads and ditches are illustrated in the border documentation. On
the beginning and the end are fitted with double border and along their characters
each border characters fitted alternately in the territory of each Contracting
party.
Article 4
(1) Moving the State border are border rivers, with the
except in the cases referred to in article 3, paragraph 3. 1 (b). (b)), and (c)).
(2) Moving the State border referred to in paragraph 1 are the centreline of the
frontier watercourses or their main arms and adjusting to:
and natural shifts in the position of the troughs) of frontier watercourses except
in the case referred to in article 5 (3). 2,
(b) as a result of artificially altering) adjustments border watercourses, carried out
with the agreement of the competent authorities of the Contracting Parties, if they
the centre line is not deflected from its original position by more than about the breadth of the trough and
If the area separated the new position of the Centre of the flow from the territory of the
the Contracting Parties, are settled.
(3) the centreline of the border water flow is:
and) line equidistant from both shore-lines of the unmodified plateau
or unilaterally modified port of the watercourse,
(b) the geometric axis on both sides modified) port of the water flow.
(4) the line of frontier watercourses Riparian consists of:
and) significant riparian edges or
(b) the line specified by the surface of the water) that just flow through between the banks, without
pours out of the adjacent territory or
(c) permanent grass margins) or other terrestrial plants or
(d)) of the intersection of State where the average water level with the surface of an adjacent
terrain.
Where, according to the criteria indicated above cannot be safely determine lines, riparian
consider the line behind them laid down water experts of the
party.
(5) the main arm of the border water course is the shoulder, which at low
or medium-sized water flows through the States largest quantity of water.
Article 5
(1) the Contracting Parties shall maintain border water courses and technical
objects to be secured provided for the course and character of the State
borders.
(2) the natural changes of the position of the troughs of frontier watercourses
a larger scale are the State border, as took place before
confronted by the amendment, unless the parties agree on a different course
national borders.
(3) a change in the position of the moving of national borders in places where
moving into a rigid, shall determine the place of their Permanent decision
the Czech-Polish border Commission.
(4) the Contracting Parties may mutually agree on putting the trough
the border of the water flow to the State that would prevent natural
larger-scale changes.
Article 6
Other changes over the national borders than the amendments referred to in article 4,
occur only if you conclude about the Contracting Parties to the agreement.
Article 7
(1) the State border between the Czech Republic and Poland are
divided on the border marked sections I to IV.
(2) Border section and begins to contact national frontiers, the Contracting Parties shall
national borders of the Slovak Republic. The Contracting Parties in agreement with the
The Slovak Republic shall designate a point of contact to national borders, the Czech Republic,
The Republic of Poland and the Slovak Republic and the method of its designation and the
maintaining.
(3) Border section IV ends at the contact of the State borders of the Contracting Parties,
national borders the Federal Republic of Germany in the border water flow
Lusatian Neisse.
(4) the exact designation of the individual border sections and their length
establishes the border documentation.
Article 8
(1) the progress of the State border is marked in the terrain of the border signs
individual, double or triple that are located as follows:
and directly in the perimeter) individually or alternately on both sides
common border roads, ditches and frontier watercourses,
b) doubled at the beginning and at the end of the common border roads, ditches and
border water courses, and in places where the terrain is not for
can be fitted with the frontier character directly into the break line,
c) triple, as with double border characters in cases where
the use of the double border is insufficient for a clear designation of the character
the course of the boundary line.
(2) the progress of the State border is marked with these marginal characters:
and the main characters on the border), the beginning of the border sections and in the important
fracture points,
(b)) the other characters inside the border crossing sections,
c) plates or other characters on the rocks and road elements
(d)) three reinforced concrete monoliths shaped Pan collars at trojbokých
contact the State borders of the Czech Republic, the Republic of Poland and the Federal
Republic of Germany on the Lusatian Neisse border water flow with after
one of the monolith on the territory of each of those States.
(3) the shape, dimensions, material, appearance, markings and the position of the frontier characters
are set out in the border documentation.
(4) to indicate the course of national borders in other border characters than
provided for in the border documentation may occur if appropriate, just
by mutual agreement.
(5) upon mutual agreement can be, where it is needed, place the next frontier
the characters move affected border characters in a safe place and amend
direct designation of national borders in the indirect or vice versa.
PART II
MANAGEMENT OF THE CZECH-POLISH BORDER
Article 9
The Contracting Parties shall ensure that the progress of national borders was always
unambiguous, clear and geodeticky. Undertake to be
under the terms of this agreement, maintain and renew as needed a perimeter
characters and update the border documentation.
Article 10
(1) the Contracting Parties shall ensure the joint examination every five years
frontier characters and will act to remove any identified deficiencies. The five-year
the period starts from the completion of the work on the ground while the previous
of the examination.
(2) the focus of border watercourses shall be carried out in every second
the joint examination of frontier characters.
(3) if necessary, the Contracting Parties shall undertake joint complex
during the examination of State borders.
(4) on the basis of the examination referred to in paragraphs 1, 2 and 3 shall be drawn up
the border documents.
(5) the new border drawn up by the joint examination of documents
require approval under the legislation of each Contracting Party.
Documents will enter into force and become an integral part of the perimeter
documentation of the date on which the Contracting Parties shall inform about their approval.
Article 11
(1) if required by the clarity over national borders, the Contracting
the parties the necessary measures beyond the joint regular
examination of frontier characters.
(2) if one of the parties, that the border has been moved, use the character
the Contracting Parties shall examine the position of this character outside of the border
regular joint examination and, if necessary, relocate the perimeter
the character to the right place.
Article 12
(1) the Contracting Parties shall bear the costs of surveying and cartographic
specialists, as well as auxiliary technical personnel for aiming and
indication of State borders and the subsequent cartographic work.
(2) the Division of tasks does the Czech-Polish border, the Permanent Commission and will be
in doing so, strive to ensure the greatest possible effectiveness, efficiency and
double-sided alignment.
Article 13
(1) the owners and users of land, aerial and underground construction and
devices that are found on State borders, or in their
nearby, are obliged to tolerate the work and indication of the measures needed to
and targeting, in particular, the Assembly and the strengthening of border characters and
survey markers. Targeting and designation of the work is to be carried out with
regard to public and private interests.
(2) the person responsible for the tasks referred to in articles 10, 11 and 12 may only enter and
enter on the land, buildings and equipment. To apartments, as protected
the space may not enter. The persons concerned must be in a timely manner of
the commencement of work.
(3) if the work and the measures of damages, the injured party has a claim
to compensation against the Contracting Party in whose territory is situated the land, buildings
and the device. Claims for compensation for owners and users of land according to the
paragraph 1 shall apply according to the legislation of the Contracting Party on whose
the territory is land, buildings and equipment. The sufferer cannot apply
compensation claims against the other party.
Article 14
If necessary reset the designation of the trojstátních border, will be
the work carried out by mutual consent of all participating States.
Article 15
The Contracting Parties shall, through appropriate measures to protect the perimeter of the characters
measuring marks and any other device used to indicate the State borders
from damage, destruction, unauthorized transfer and use in
contrary to their purpose.
Article 16
(1) the Contracting Parties shall ensure that on the dry areas of national borders was
After both sides maintained their free strip of width 1 m and around
frontier characters, indirectly, characterised by the progress of the State borders, free
circular area with a radius of 1 m less to visibility. This
does not apply to crops used for fortification of shores and protected trees and
shrubs.
(2) owners and users are obliged to tolerate the work and measures
referred to in paragraph 1. Otherwise, article 13 shall apply mutatis mutandis.
Article 17
(1) in the parts of territory referred to in article 16(1). 1 shall be constructed
only devices that use public transport, customs and passport control on the
State borders or protecting them, and the leadership of all kinds, which
the State border crossing.
(2) exemptions from paragraph 1 may be allowed by the Contracting Parties in
special cases.
Article 18
The line of State borders must not be given as no indication of border
ownership.
Article 19
In the case that the work should be carried out to search for or mining
mineral wealth inside the bar 50 m on both sides of the State
borders, will be jointly determined necessary measures to ensure that the course
State borders and their designation.
PART III
THE PERMANENT COMMISSION CZECH-POLISH BORDER
Article 20
(1) the Contracting Parties to the accomplishment of the tasks provided in this Agreement shall establish
Permanent Czech-Polish border Commission (hereinafter referred to as "Border Commission).
(2) the Boundary Commission shall be composed of the Czech delegation and of the Polish delegation. The Government of
the Contracting Parties shall designate the Chairman of the delegation and their representatives. The relevant
authorities of each Contracting Party shall appoint the members of his delegation.
(3) the two Presidents and their representatives are entitled to keep together
direct contact.
(4) to work in the perimeter of each delegation to the Commission, the Chairman may invite the
experts and auxiliary forces.
Article 21
(1) the Boundary Commission to, in particular:
and to organize and perform common) examination during the national borders
and frontier characters referred to in articles 10 and 11,
(b) to decide on the method of indication) over national borders,
(c) the designation of the State borders) changes when setting up or canceling border
roads and ditches,
(d) assess the extent of change position) troughs of frontier watercourses and
to comment on the growing water measures at border rivers
in terms of the progress of national borders,
e) to speak to a building and other technical measures
the immediate vicinity of frontiers,
(f) the designation of the State borders) changes from indirect to direct and vice versa,
g) make the border documents.
(2) the Commission shall draw up for its Border activities, rules of procedure, the directive
for aiming and maintenance indication during the national borders, as well as
instructions for the completion or updating of documentation of State borders.
(3) a border Commission is not authorized to change the course of national borders.
(4) the Commission shall submit to the Governments of the Border of the parties proposals for changes
during the national borders.
Article 22
The decision of the Boundary Commission is necessary match the Presidents of the two delegations.
The decisions are part of the logs from the border Commission meeting.
Article 23
(1) the Boundary Commission creates a for the purpose of carrying out their tasks mixed
surveying group. Their number and composition determined in accordance with the scope and type
the work that must be done.
(2) the head of the joint survey groups to carry out tasks in accordance with
the logs from the meeting of the Boundary Commission.
(3) technical documents drawn up by the mixed měřickými groups
Approves Border Commission.
(4) the Boundary Commission will sum up the results of each periodic examination
during the national borders in the final write.
Article 24
(1) meetings of the Boundary Commission shall be held at least once a year, and if it is not
unless otherwise agreed, alternately on the territories of the Contracting Parties. Governed by the President of the
the delegation of the Contracting Party on whose territory the meeting is being held.
(2) Inspection of State borders will take place by mutual agreement between the two
the delegation of the Border Commission.
(3) each meeting of the Commission or of the Border tours of national borders
Protocol shall be drawn up, and it always in two copies, each in the language
the Czech and Polish.
(4) Border Commission Protocols will enter into force on the date on which the
the Presidents of the delegations in writing that they have been approved by the competent authorities of the
of the Contracting Parties. This communication should be done as soon as possible and at the latest
at the next meeting of the Boundary Commission.
(5) the Contracting Parties shall bear the costs associated with the activities of delegations
The Boundary Commission and their invited experts and auxiliary forces.
Article 25
(1) the person responsible for the tasks associated with the administration of the State border
are allowed to freely move around the State borders and, where justified,
You may exceed the outside border crossings. At the request of the legitimate
authorities must show passport and Border Commission mandate.
(2) If a person referred to in paragraph 1 between the uniformed military
organized folders, are allowed to wear during their activities on the territory of the other
State uniform your folder. They may not, however, carry the weapon.
Article 26
(1) goods imported from the customs territory of one Contracting Party into the customs territory of the
the other Contracting Party and used for work under this contract,
exempt from customs duties, taxes and fees.
(2) vehicles, tools, equipment, instruments, apparatus, machines and
unused material and spare parts will be exported to a single
months after the end of work on the customs territory from which they were imported.
(3) goods not re-exported, including vehicles, tools,
equipment, instruments, apparatus, machines and banked material and
spare parts referred to in paragraph 2, shall be subject to customs duties, taxes and fees, according to the
the national regulations.
(4) the person responsible for performing the tasks related to the management of the State
borders on the territory of the other Contracting Party may, in accordance with national
the rules of the Party on its customs territory of import items for your
personal use, including travel needs, food, beverages, medicines and
tobacco products.
(5) the competent authorities of the Contracting Parties shall ensure, in the framework of their
national legislation all the allowable credits for imports and exports
the goods referred to in paragraphs 1 and 4.
Article 27
Disputes concerning the interpretation or application of this Agreement shall be resolved
through the diplomatic channel.
PART IV
FINAL PROVISIONS
Article 28
Date of entry into force of this Treaty shall cease to apply in the relations between
Contracting Parties:-
Title I and II of the Treaty between the Czechoslovak Socialist Republic and the
The Polish people's Republic on legal relations on
Czechoslovakia-Polish State borders, of cooperation and mutual
help on border issues, signed in Prague on 2. December 1967
-Agreement between the Government of the Czechoslovak Socialist Republic and the Government
Polish people's Republic on the implementation of title I and II of the Treaty on the legal
relations on the Czechoslovakia-Polish State borders, of cooperation and
mutual assistance on border issues of 17 May. October 1974.
Article 29
This agreement is subject to ratification and shall enter into force on the date of the exchange of
instruments of ratification. The exchange of instruments of ratification shall take place in
Warsaw.
Article 30
This agreement is concluded for a period of 15 years. Its validity will be automatically
always extended by five years if neither Contracting Party denounces it
Note no later than a year before the expiry of that period. Termination of this
the agreement shall not affect the validity of the documents referred to in articles 1 and
2.
Done at Prague on 17. January 1995 in two original copies, each in the
Czech and Polish, both texts being equally authentic.
For the Czech Republic:
Jan Ruml in r.
Minister of the Interior
For the Republic of Poland:
Andrzej Milczanowski in r.
Minister of the Interior
