The Treaty On The Common Borders With Poland

Original Language Title: Smlouva o společných hranicích s Polskem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=44280&nr=181~2F1996~20Sb.&ft=txt

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 This date on the basis of article 28 of this agreement are no longer valid in the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