Agreement On Common State Borders With Germany

Original Language Title: Smlouva o společných státních hranicích se SRN

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=45623&nr=266~2F1997~20Sb.&ft=txt

266/1997.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs communicates the day 3. November 1994 was in

Bonn signed an agreement between the Czech Republic and the Federal Republic of

Germany on common State borders. With the Treaty, its assent

Parliament of the Czech Republic and the President of the Republic has ratified it.

The instruments of ratification were exchanged in Prague on 23. June 1997.



Treaty has entered into force, pursuant to article 31 paragraph 1. 2 on 1 January 2000.

September 1997. That date longer valid:



-The Treaty between the Republic of Czechoslovakia and the German Empire on the border

Watercourses and on the exchange of part of the territory, in Prussian part

a Czech-German border of 31 July. January 1930 No. 218/1933 Coll.,



-The Treaty between the Republic of Czechoslovakia and the German Empire on the border

flows in the Saxon and Bavarian section of the borders and the exchange of part of the territory of the

the borders of 27 June. September 1935 no 212/1937 Coll.



-The Treaty between the Czechoslovak Socialist Republic and the German

the Democratic Republic of the common State borders of 3 June.

in December 1980, with the exception of the border documentation referred to in the annex thereto,

No 112/1982 Coll.



The Czech version of the Treaty shall be designated at the same time.



Treaty between the Czech Republic and the Federal Republic of Germany

common State borders



Czech Republic and the Federal Republic of Germany, desiring to maintain

the border between the two States clear



and related issues,



with a desire to deepen the friendly cooperation between the two States have agreed

as follows:



PART I



THE PROGRESS OF NATIONAL BORDERS



Article 1



(1) the State border between the Czech Republic and the Federal Republic of

Germany take place from contact of the State borders of the Contracting States by State

the borders of the Republic of Poland in the border water flow of the Lusatian Neisse

(indirectly indicated three monoliths shaped Pan collars, trojbokých)

to contact the State borders of the States parties, the national borders of the Austrian

Republic under the Hill Plechý (countries meeting border character).



(2) the Czech-German State frontier shall consist of:



and part of the border) of the free State of Saxony, divided into sections of the border and

to XXIII;



(b)) part of the border with the free State of Bavaria, broken down on the borderline

sections I to XII.



Article 2



(1) the progress of the national borders, determines:



and border) in the free State of Saxony border documentation about

the course and the designation of the common border, which is annexed to the

The Treaty between the Czechoslovak Socialist Republic and the German

the Democratic Republic of the common State borders of 3 June.

in December 1980, according to the State 18. November 1988;



(b)) in the border with the free State of Bavaria border documentary

work of art in 1937, according to the minutes of the end of the borders of documentary works

in the Bavarian border, Czechoslovakia-German part of 9 June. November

1937--when it comes to moving the State border--changes that have occurred

Since then, under the Treaty between the Republic of Czechoslovakia and the German

Empires on border flows on Saxon and Bavarian section of the borders and the exchange of

part of the territory on the borders of the 27. September 1935, as well as according to the principles on which the

This contract refers.



(2) the Contracting States shall, in the shortest possible time to update the perimeter

the documentation referred to in paragraph 1 (b). and on the basis of already)

carried out by the new focus replaces the border documentary work referred to

in paragraph 1 (b). (b)). The result of these works will be the current border

the documentary work of the Czech-German border, which will be confirmed

a separate contract.



Article 3



The State border is bordered by the sovereign territories of both Contracting States as to the

the Earth's surface, so the vertical direction and in the airspace below the surface

surface. This policy also applies to the progress of national borders in the aerial and

underground construction sites, and devices of all kinds.



Article 4



(1) the State border are still:



and after direct connectors) from one border point to the nearest

the following doloženému in the border documentary work měřickými

values, or



(b)) the center of the border roads and ditches, resulting from the

a frontier documentary works.



(2) the border roads, paths and trenches are described in frontier

documentary work. Any changes to border roads and ditches

have no effect on the progress of the State borders, unless a specific agreement

the Contracting States otherwise.



Article 5



(1) in the border rivers, with the exception of the Labe and Ohře, form a State

the boundaries of the centre line of frontier watercourses or their main arms

are moving.



(2) the centre line of the border water course or its main arm is

balanced smooth line that starts from either shore-line watercourse

as well.



(3) the main arm of the border water course is the shoulder, which, when

Middle water exhibits a maximum flow.



(4) in line with the considered line riparian wetting out of the border water

flow and an adjacent territory in the middle of the water. If they cannot be

riparian line securely identified, being regarded as a rule line for them,

that forms the boundary of permanent vegetation cover along the border of the water

flow.



Article 6



(1) in the border water courses in the natural minor changes

follow State borders permanently the centreline of water flow.



(2) when a natural larger-scale changes, as well as when changes occur

artificial national boundaries are in progress, as are carried out prior to the 21st century

change until the States parties agree on a different course of the State

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-German border Commission.



Article 7



(1) the water flow at the border of the Labe river are the State border designed the centreline of the

the fairway and are movable. Adjusting to natural variations

the median of the fairway.



(2) the centreline of the fairway means balanced smooth line that is

as well away from the two lines deliminating the ferry track.



(3) the Ferry track means the deepest part of the river used for the

cruise ships, enclosed by a continuously ongoing lines and aimed

the cross-sections.



Article 8



The State border in the Ohře River are still the boundaries as they are

illustrated in the border documentary piece.



Article 9



(1) the Contracting States undertake to maintain water in which are

the State border according to the option to prevent changes to their

position, unless the relevant water management or environmental

interests. Article 6 (1). 1 this remains untouched.



(2) Notwithstanding the provisions of paragraph 1 is without prejudice to the common user

these waters the two Contracting States.



PART II



AIMING AND INDICATION OF NATIONAL BORDERS



Article 10



The Contracting States undertake that they will indicate the area and State

borders to take care of it, so that the progress of the border has always been a clearly distinct and

geodeticky catered for. Undertake to be according to the terms of this agreement

maintained and renewed as needed a perimeter and update characters

border documentary work.



Article 11



(1) required measuring experts and technical staff for

aiming and indication of national borders, each State party shall provide to the

their costs.



(2) additional labour force, as well as the necessary material equipment, vehicles

and devices (for example, machines, tools and measuring instruments)

Each Contracting State shall at its own expense, as follows:



-Czech Republic



in parts of the border with the free State of Saxony for the border sections I, II, V,

IX, X, XIII, XIV, XVII, XVIII, XXI, XXII and in parts of the borders with the free

the State of Bavaria for the border sections II, III, VI, VII, IX, X;



-The Federal Republic of Germany



in parts of the border with the free State of Saxony for the border sections III, IV,

Vi, VII, VIII, XI, XII, XV, XVI, XIX, XX, XXIII, and in parts of the border with

The free State of Bavaria for the border sections I, IV, V, VIII, XI, XII.



(3) the provisions of paragraph 2 shall not apply, by mutual agreement, if it

will need to be for reasons of economy and efficiency. It is necessary to seek

to settle the two-sided output.



Article 12



(1) if it is damaged or destroyed by the frontier character, shall bear all the costs of

its repair or renewal of a Contracting State which is behind this frontier character

responsible in accordance with articles 10 and 11. All claims against the pests are switching

in that Contracting State.



(2) If, on the basis of the works be done aiming

or designation, it is for the Contracting States work claims against

the builders, if it is not required to bear the costs of internally other third

person.



Article 13



(1) the Contracting States shall examine every ten years along the perimeter and characters

ensure that the deficiencies.



(2) the first joint examination of frontier characters will begin

no later than five years after the entry into force of this Treaty.



(3) the focus of border watercourses shall be carried out in every second

the joint examination of frontier characters.



Article 14



(1) if required by the clarity of the State borders, the Contracting States

the necessary measures beyond the regular examination of the joint

frontier characters.



(2) If a State party that has moved, use the character


check the position of the Contracting States of this frontier character outside

regular joint examination and, if necessary, relocate the perimeter

the character to the right place.



(3) a change of border water flow significantly their position, anyone can

a Contracting State may request the findings over the national borders in this section and

his support in the respective border documents.



Article 15



(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 or the strengthening of frontier characters and

survey markers. Persons entrusted with the tasks referred to in articles 10, 13 and 14 may

for the purposes of their transactions to enter and enter on the land and building

device. To apartments and similarly protected area may enter only with

consent of the users. The persons concerned must be in a timely manner of

the commencement of work.



(2) the Designation and the targeting of the work is to be carried out with the greatest

regard to public and private interests.



(3) if the work and the measures of damages, the injured party has a claim

compensation claims on the Contracting State on whose territory it is situated

land, buildings and equipment. In the case of claims for compensation by the

owners and users of land referred to in paragraph 1 shall apply the laws,

the laws of the Contracting State in whose territory is situated the land, buildings

and the device. The sufferer cannot assert claims for compensation against the

the other Contracting State.



Article 16



If it is necessary to restore indirect designation of trojstátního border point

in the Lusatian Neisse frontier point under the trojstátního or Hill Plechý,

the work will be carried out after the consent of all participating States.



PART III



BORDER PROTECTION CHARACTERS AND MAINTAIN CLARITY



Article 17



The Contracting States shall by appropriate measures to protect the perimeter of the characters, measuring

tags and other devices used to indicate national borders before

damage, destruction, unauthorized transfer and use in contradiction with the

their purpose.



Article 18



(1) the Contracting States 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 stands serving to strengthen the banks and protected trees and

shrubs. The Contracting States shall pay attention to protecting the environment.



(2) owners and users are obliged to tolerate the work and measures

referred to in paragraph 1. Otherwise, article 15 shall apply mutatis mutandis.



Article 19



(1) in parts of the territories referred to in article 18, paragraph 2. 1 may be in the future

built only devices that are used for public transport, handling

State borders or guarding, and the leadership of all kinds that is

intersect.



(2) exemptions from paragraph 1 may be allowed in specific cases,

If this will not be limited to national borders, clarity.



Article 20



The line of State borders must not be placed no further marking the border

ownership. National ownership of the border may continue to be marked

only at a distance of at least 3 m from the border.



Article 21



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

national borders and its designation.



PART IV



THE BOUNDARY COMMISSION



Article 22



(1) for the performance of tasks aiming and indication of national borders,

update the port of documentary works, protection of frontier characters and

maintain visibility, establish that the Contracting States a permanent

the Czech-German border Commission (hereinafter referred to as "the Commission").



(2) the Commission shall consist of the delegations of the United States and the delegation of the Federal

Republic of Germany. The total number of members of each delegation should not be higher

than nine. Each Contracting State shall appoint the members of his delegation and for the case of

the needs of their respective alternates. Each delegation may, if necessary, invite

experts and auxiliary forces.



(3) each Contracting State shall designate the Chairman of the appointed members of his delegation and

his representative. The Presidents and their representatives are entitled to maintain

together, direct contact.



(4) each Contracting State shall bear the costs of its delegation, including the cost of

participation of experts and auxiliary forces. Other expenses incurred in connection

with the activities of the Commission shall be borne by the Contracting States, unless otherwise agreed,

equally.



Article 23



(1) it is for the Commission, in particular, the following tasks:



and lay down the organisation and the way) marking and tracking of State

borders, as well as maintenance of their designation;



(b)) to perform the necessary maintenance and fixed points of the position array

for geodetic ensure national borders;



(c)) to discover the nature and scope of the changes at border waterways, establish

changes the character of the State borders and receive for this purpose, the necessary

measures;



(d)) to make changes to the designation of the State borders when provisioning and interference

border roads and ditches;



e) to comment on the growing water measures at border water

flows in terms of the progress of State borders;



(f)) to speak to a building and other technical measures

the immediate vicinity of the State border;



g) determine the content and form of a frontier documentary update works.

The Commission will be to perform these tasks, in consideration of the necessary working plans.



(2) the Commission shall draw up a border documentary work referred to in article 2 (2). 2.

In so doing, it will seek to settle for double-sided output.



(3) the Commission shall issue for their joint activities of the rules of procedure, guidelines for

aiming and the maintenance of the designation of the State borders, as well as the instructions for the

compilation and update of a frontier documentary works.



(4) the Commission is not authorized to change the course of national borders.



(5) the Commission may submit to the Governments of the Contracting States, proposals for amendment

during the national borders.



Article 24



(1) a Commission decision is necessary match of the Presidents of the two delegations.

The decisions are part of the protocols of the meetings of the Commission and tours

national borders. These protocols are becoming legally binding, once you

the Presidents of the two delegations, in writing, that it has satisfied the

the national assumptions. This communication should be made as far as possible

soon as possible, no later than at the next meeting of the Commission.



(2) if they cannot agree, the Presidents of the two delegations will be the next steps

The Commission discussed through diplomatic channels. The Contracting States shall endeavour to

resolving contested issues by mutual agreement.



Article 25



(1) the Commission shall establish for the purpose of carrying out its tasks the joint technical

the Group of. Their number and composition determined in accordance with the scope and type of work,

that must be done.



(2) the head of the joint technical groups to carry out tasks in accordance with

protocols drawn up by the Commission.



(3) on any addition, change and restore the designation of national borders,

as well as on the findings, which were made on the basis of the examination results

the focus, sepíší writes in two copies in the Czech language and

the German. If necessary, draw up the technical documentation.



(4) the minutes and the technical bases of joint technical groups approved

Of the Commission.



(5) the Commission will sum up the results of the work referred to in paragraph 3 at the conclusion of each

regular examination.



(6) to copy and reproduce the technical bases, even in the context of the

update the port of documentary works, as well as for the work of the Commission

pursuant to paragraph 5 of article 11 (1) shall apply mutatis mutandis. 2 and 3.



Article 26



(1) the Commission shall meet in meetings or inspections on the border

the basis for their decision, or if so requested by one of the Contracting

States through the diplomatic channel.



(2) the Commission shall meet to attend its meetings and inspections of State borders,

If not agreed otherwise, alternately on the territory of one of the two

of the Contracting States.



Article 27



(1) meetings of the Commission and the President controls the border inspection delegation

the Contracting State on whose territory are held. The negotiations with the

lead in Czech and German language.



(2) for each session and each border inspection shall draw up

Commission Protocol in two copies in the Czech and German.

The protocols signed by the Presidents of the two delegations.



Article 28



(1) the members of the Commission and joint technical groups, as well as their

invited experts and auxiliary forces are allowed to freely move around the State

borders and exceed them without limits at any time, if it is

needed in the performance of their activities. The request must prove

staff ID card with a photograph or a valid passport or

ID card and a written mandate from the Commission in Czech and German

language.



(2) if the persons referred to in articles 11, 22 and 25 among the uniformed services,

in particular, militarily organized folders, may only wear during their activities on the

the territory of the other Contracting State the uniform of your folders and use the

the means of transport. They may not, however, carry the weapon.



Article 29



(1) material that is exported from the customs territory of a Contracting State


the customs territory of the other Contracting State and is used for work under the

This agreement, shall be exempt from import and export duties and taxes.

Unused material will be exported back to the customs territory of a Contracting

the State from which it was imported.



(2) Import and export duties and taxes under this agreement are

import and export duties, as well as all other taxes and charges levied

on importation and exportation of goods.



(3) provided the re-export are exempt from import and

export duties and taxes, and also from the obligation to furnish a guarantee:



vehicles, tools, instruments, tools, apparatus and machines, which are

imported from the customs territory of a Contracting State to the customs territory of the other

Contracting State for work under this contract. These items must be

exported no later than the month after the end of work on the customs territory of the

which have been imported.



(4) goods referred to in paragraphs 1 and 3, which is used in the context of this

of the Treaty, are not subject to import and export prohibitions and restrictions.



(5) the Contracting States within the framework of their national legislation

ensure all possible concessions to each other in the customs proceedings relating to

import and export of goods required for the work in the framework of this agreement.



PART V



FINAL PROVISIONS



Article 30



(1) disputes concerning the interpretation and implementation of this agreement will be settled by

the Governments of both Contracting States.



(2) if the dispute is to be settled in this way, it will be at the request of one of the

the States parties submitted for decision to an arbitral tribunal.



(3) the Arbitration Tribunal shall be constituted ad hoc by each Contracting

State shall appoint one arbitrator and the two arbitrators shall agree on a national

a third State as the President of the arbitral tribunal, which shall confirm to the Government

both of the Contracting States. The arbitrators shall be determined within two months, the President will be

confirmed within three months, when a Contracting State has informed the other

the Contracting Government that it wants to submit the dispute to an arbitral tribunal.



(4) non-compliance with one of the time limits referred to in paragraph 3, any

a Contracting State may request the President of the International Court of Justice, to carry out an

the necessary appointment of arbitrators or by the President. If the President of the international

the Court of justice the nationality of one of the two Contracting States or

If his activities for other reasons, it shall make the appointment of the Vice-President.

If the Vice-President has the nationality of one of the Contracting States

or does the him in the activity of other reasons does the appointment of the next in

rank the following member of the International Court of Justice that does not have

the nationality of one of the two Contracting States.



(5) the arbitral tribunal shall be decided by a majority of votes on the basis of the treaties in force

between the Czech Republic and the Federal Republic of Germany and the General

of international law. Its decisions are binding. Each Contracting State

cover the costs on its own arbitrator, as well as the costs of its representation in the

the proceedings before the arbitral tribunal. The costs of the Chairman and other expenses

both of the Contracting States shall be borne equally. The arbitral tribunal may cover

modify the cost otherwise.



Article 31



(1) this Treaty is subject to ratification; the instruments of ratification shall be exchanged

in Prague in the shortest possible time.



(2) this Treaty shall enter into force on the first day of the third calendar

month following the exchange of instruments of ratification.



Article 32



This Treaty is concluded for an indefinite period. Part I and cannot be terminated.

Other provisions can be terminated after the expiration of ten years from the

the entry into force of the Treaty. Notice of termination becomes effective within two years

from the date of its delivery.



Article 33



Date of entry into force of this Treaty shall expire:



and the Treaty between the Republic of Czechoslovakia) and the German Empire on the border

Watercourses and on the exchange of part of the territory, in Prussian part

a Czech-German border from 31. January 1930;



(b)) the Treaty between the Republic of Czechoslovakia and the German Empire on the border

flows in the Saxon and Bavarian section of the borders and the exchange of part of the territory of the

the borders of 27 June. September 1935;



(c)) the Treaty between the Czechoslovak Socialist Republic and the German

the Democratic Republic of the common State borders of 3 June.

in December 1980, with the exception of the border documentation referred to in the annex.



On the evidence of the agent of both Contracting States have signed this agreement and

getting it your seals.



Done at Bonn on 3 December. November 1994 in two original copies, each in the language

Czech and German, both texts being equally authentic.



For the Czech Republic:



Jan Ruml in r.



Minister of the Interior



For the Federal Republic of Germany:



Manfred Kanther in r.



the Federal Minister of the Interior



Dieter Kastrup in r.



State Secretary, Federal Ministry of Foreign Affairs